To answer cyder's question directly, the answer is no.... DJ end users of promotional music and video do not have license to make their own clips, using movie footage or other "outside" elements that I am aware of. You should refer to the licenses granted to you from your respective distributors for a detailed explanation of this.
However, from a distributor's perpective I can tell you this much.....
"Legal usage" as I've said in other threads is not a black or white issue as though it were a Federal law...... it's more often a question of permission.
It is legal if you take the time to get the clearances. If you just throw out John Travolta in Saturday Night Fever onto a reel and not ask..... it will surely result in a nasty email from the supplier and you are in violation of their rights of ownership. In this circumstance not only do you have to get the promotional clearance, you also have to get the sync clearance from the label as it is not technically a standard music video. You also have to get the green light from the film studio. Their interests sometimes are intertwined, and then other times going in opposite directions from the labels. Also, when you are dealing with top box office draw actors, the issue of SAG/AFTRA residual fees comes into play (actor's union). It's complicated. If you think the labels are tough, the film studios are generally pit bulls when it comes to their properties. And if you think they are protective, try SAG/AFTRA.... the commercial industry learned a harsh lesson the last time they went on strike.
But that is not to say it cannot be done. We deal in a ton of film sourcing as one division of our company involves promotional clip web streaming and teaser distribution to movie rental stores. As well, all of us as music video distributors receive some film properties if there is a conscious tandem promotional effort between the label and the studio (example: The Spy Who Shagged Me/Madonna 'Beautiful Stranger"). If you can show the film studio the benefit of putting those classic film sequences out for use in clubs and events, then you're dealing with the same symbioses that the record labels have with you guys. On the other hand, if the particular film is not on the radar as needing much promotion, or if the actor doesn't want people remembering them in a particular performance (Tim Curry - "I Do The Rock" is a good example of that), I can also see them declining the license.
This is sort of a similar thing all of us distributors go through with the record labels regarding "classics".
So..... at the end of the day .... you ask.... and you see what happens.
__________________
Doug Howard
Director of Sales - Screenplay VJ-Pro
<a href=\'http://www.screenplayvj.com\' target=\'_blank\'>www.screenplayvj.com</a>
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