joegratz.net

Watching TechTV at 2:30 AM (don’t ask), I just saw a commercial for a video called “Hollywood’s Hottest: Body Shots”, a compilation of the nude scenes in various films. I wondered, at first, how this company could possibly have convinced the studios to license these scenes for a compilation of this sort; as I understood it, their contracts with the actors pictured often restrict out-of-context use of nude scenes. Then I looked again — it’s very careful to bill itself as “a review” of the nude scenes, both in the ad and on the box. I haven’t verified this, but it seems possible that this company isn’t licensing the clips at all, but is planning to claim that because they are in the context of a “review”, the use of the clips constitutes criticism and is allowed by the “fair use” defense found in 17 USC 107. Whether or not they could get away with this would depend, I think, on how much evidence of actual critical intent they included in the video itself. I’m not about to spend $19.99 plus $6.95 shipping and handling to find out. Regardless, it’s certainly creative.