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FAIR USE IN DOCUMENTARY FILM

FAIR USE IN DOCUMENTARY FILM

An Introduction to the Documentary Filmmaker’s

Statement of Best PracticesIn Fair Use

An Introduction to the Documentary Filmmaker’s

Statement of Best PracticesIn Fair Use

Remix Culture VideoFair Use and CopyrightFair Use and Copyright

What is Copyright?What is Copyright?• What is copyright?

• Why does it exist?

• What is copyright?

• Why does it exist?

COPYRIGHTCOPYRIGHT• Provides incentives for people to create culture• Gives creators some control over their work• But also puts some limits on that control

• Provides incentives for people to create culture• Gives creators some control over their work• But also puts some limits on that control

• What would happen if there were no such thing as copyright?• What would happen if there were no such thing as copyright?

• What would happen if there were no limits to copyright? • What would happen if there were no limits to copyright?

No protection for creators’ work stops creativity

BUT

Too much protection also stifles new makers’ creativity

No protection for creators’ work stops creativity

BUT

Too much protection also stifles new makers’ creativity

• Limitations on the amount of time something can be copyrighted• Limitations on the amount of time something can be copyrighted

• Special exemptions (these include for educators, librarians, public broadcasting, the blind, and other special cases)

• Special exemptions (these include for educators, librarians, public broadcasting, the blind, and other special cases)

Copyright law has built in several ways to maintain BALANCE:

Copyright law has built in several ways to maintain BALANCE:

• Fair Use• Fair Use

FAIR USEFAIR USE

Section of copyright law that protects the rights of creators who want to

incorporate other people’s copyrighted material into their work.

Section of copyright law that protects the rights of creators who want to

incorporate other people’s copyrighted material into their work.

Why is Fair Use Important?Why is Fair Use Important?

WHY IS IT IMPORTANT?WHY IS IT IMPORTANT?

• Protects Freedom of Speech• Protects Freedom of Speech

• Safety valve that prevents censorship• Safety valve that prevents censorship

• It gives artists the right to critique or build on existing culture• It gives artists the right to critique or build on existing culture• Culture only grows where we are all allowed to repurpose other people’s work• Culture only grows where we are all allowed to repurpose other people’s work

HOW DO I KNOW WHEN TO APPLY FAIR USE?

HOW DO I KNOW WHEN TO APPLY FAIR USE?

Copyright laws asks two questions:Copyright laws asks two questions:

• Did the unlicensed use “transform” the copyrighted material by using it for a different purpose? • Did the unlicensed use “transform” the copyrighted material by using it for a different purpose?

• Was the amount and nature of material taken appropriate? • Was the amount and nature of material taken appropriate?

BEST PRACTICESBEST PRACTICES

• Best Practices = what people practicing in the field think is fair use

• Best Practices = what people practicing in the field think is fair use • Filmmakers are copyright owners and creators and are best suited to figure out what is fair use in the field

• Filmmakers are copyright owners and creators and are best suited to figure out what is fair use in the field

Category 1: Using copyrighted material as the object of a social, political or cultural critique Category 1: Using copyrighted material as the object of a social, political or cultural critique

From OutfoxedFrom Outfoxed

Category 2: Using copyrighted material of popular culture to illustrate an argument

or point

Category 2: Using copyrighted material of popular culture to illustrate an argument

or point

From Refrigerator MothersFrom Refrigerator Mothers

Category 3: Capturing copyrighted material in the process of filming something else

(Incidental Use)

Category 3: Capturing copyrighted material in the process of filming something else

(Incidental Use)

From The New AmericansFrom The New Americans

Category 4: Using copyrighted material in a historical sequence

Category 4: Using copyrighted material in a historical sequence

From Karl Rove: The ArchitectFrom Karl Rove: The Architect

WHENEVER POSSIBLE YOU SHOULD:

WHENEVER POSSIBLE YOU SHOULD:

• Attribute where the clip came from (either on screen or in the credits) • Try to take material from a range of sources, not just one source • Make sure you’re only using as much as is absolutely necessary to make your point

• Attribute where the clip came from (either on screen or in the credits) • Try to take material from a range of sources, not just one source • Make sure you’re only using as much as is absolutely necessary to make your point

What Fair Use is NOTWhat Fair Use is NOT

Elvis Presley Enters., Inc. v. Passport Video, 2003Elvis Presley Enters., Inc. v. Passport Video, 2003

Remix Culture VideoFAIR USE AND COPYRIGHTFAIR USE AND COPYRIGHT

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