## Facts

- Robert Mitchum starred in the nationally released theatrical motion picture *The Story of G.I. Joe* (*G.I. Joe*), a 108-minute film that was frequently shown on television.
- Video-Cinema Films, Inc. claimed rights in *G.I. Joe* and alleged it controlled the ability to authorize televised use of the film.
- After Mitchum died, Cable News Network, Inc. (CNN), American Broadcasting Companies, Inc. (ABC), and CBS Corporation (CBS) prepared short obituary/news segments about Mitchum’s life and career.
- The obituary segments included short clips from Mitchum’s films, including *G.I. Joe*.
- The longest *G.I. Joe* clip used in any segment was approximately 22 seconds.
- None of the obituary segments revealed significant aspects of *G.I. Joe*.
- Video-Cinema did not grant permission for the broadcasts and sued the networks for copyright infringement in federal court.
- The networks moved for summary judgment, asserting that the broadcasts were protected by the fair-use doctrine under 17 U.S.C. § 107.

## Issues

1. Whether the networks’ use of brief clips from *The Story of G.I. Joe* in televised obituary/news segments about Robert Mitchum constituted fair use under 17 U.S.C. § 107.
2. Whether the limited duration and content of the excerpts weighed in favor of fair use under the “amount and substantiality” factor.
3. Whether the plaintiff showed a meaningful likelihood of market substitution or market harm from the networks’ use of the clips.

## Decision

- The court granted the networks’ motion for summary judgment.
- The court held that the networks’ use of the brief *G.I. Joe* clips in the Mitchum obituary segments was fair use as a matter of law.
- The court treated the segments as news reporting about Mitchum and his career, with the film clips serving an illustrative function within that reporting.
- The court found the amount taken favored fair use because the longest excerpt was only about 22 seconds of a 108-minute film and the segments did not disclose significant aspects of the movie.
- The court found the record did not support a cognizable market-substitution theory based on these brief, news-oriented uses.

## Legal Principles

- Fair use under 17 U.S.C. § 107 can apply when copyrighted audiovisual excerpts are used in news reporting to illustrate a public figure’s life or career.
- Very short excerpts from a full-length motion picture generally favor fair use where the excerpts are limited to what is reasonably necessary for the reporting purpose and do not convey significant aspects of the film.
- A plaintiff opposing fair use must show more than speculation about licensing; the market-effect inquiry focuses on whether the challenged use functions as a substitute for the copyrighted work or causes meaningful harm to traditional or likely-to-be-developed markets.
- Courts may resolve fair use on summary judgment when the material facts about the use (purpose, amount taken, and market context) are not genuinely disputed.

## Conclusion

In *Video-Cinema Films, Inc. v. Cable News Network, Inc.*, the court granted summary judgment for CNN, ABC, and CBS, holding that their brief use of *The Story of G.I. Joe* clips in televised obituary segments about Robert Mitchum qualified as fair use because the purpose was news reporting, the excerpts were short and revealed no significant aspects of the film, and the record did not show market substitution or meaningful market harm.


Video-Cinema Films, Inc. v. Cable News Network, Inc., 2001 U.S. Dist. LEXIS 15937 (2001)