Copyright and Fair Use

This Statement of Best Practices in Fair Use makes clear what documentary filmmakers currently regard as reasonable application of the copyright “fair use” doctrine. Fair use expresses the core value of free expression within copyright law. The statement clarifies this crucial legal doctrine, to help filmmakers use it with confidence.

Copyright as we understand it today is the result of evolving practices and legal changes. It contains features protecting the rights of authors and others protecting the rights of those who wish to use the author’s material without permission. Both are critical to the production of new creative work.

Copyright term and the public domain in the US.

"In a nutshell, The CASE Act will establish a small copyright claims tribunal, or copyright claims board (CCB). Similar to a small claims court, the tribunal will handle small copyright cases in a process that is inexpensive, easy, and expedited: parties won’t have to hire a lawyer, and won’t have to attend in person. The potential awards are limited to $15,000 for a single infringement, or $30,000 total for a claim with multiple infringements. But the CCB is optional; artists can decide to handle the infringement any way the want (sue the infringer in federal court, use the copyright small claims tribunal, resolve the dispute by negotiating with the infringer, or simply ignore it)."

This is a clip from Williams Cole's documentary Giuliani Time. Why is this video fair use? What specific categories of fair use does the video employ? What arguments can you make for why this video is fair use?

This is a clip from the documentary 5 Girls, by Maria Finitzo. Why is this video fair use? What specific categories of fair use does the video employ? What arguments can you make for why this video is fair use?

This is a clip from Byron Hurt's documentary, Hip Hop: Beyond Beats and Rhymes in which he explores sexism in rap music. Why is this video fair use? What specific categories of fair use does the video employ? What arguments can you make for why this video is fair use?

This is a clip from Merchants of Cool, a Frontline documentary by Barak Goodman. Why is this video fair use? What specific categories of fair use does the video employ? What arguments can you make for why this video is fair use?

This is a clip from Nina Huntemann's documentary, Game Over, about the social effects of video games. Why is this video fair use? What specific categories of fair use does the video employ? What arguments can you make for why this video is fair use?

This is a clip from the American Experience documentary Citizen King, by Orlando Bagwell. Why is this video fair use? What specific categories of fair use does the video employ? What arguments can you make for why this video is fair use?

This is a clip from the Frontline documentary, The Persuaders, by Barak Goodman and Rachel Dretzin. Why is this video fair use? What specific categories of fair use does the video employ? What arguments can you make for why this video is fair use?

This video, Kartemquin Films' Women's Voices: The Gender Gap, was made to encourage women to vote. Why is this video fair use? What specific categories of fair use does the video employ? What arguments can you make for why this video is fair use?

Examples of successful fair use in documentary film.

The following scenarios take you through common examples and prompt you to justify them using the Code of Best Practices that best fits.

When college kids make mashups of Hollywood movies, are they violating the law? Not necessarily, according to the latest study (PDF) on copyright and creativity from the Center and American University’s Washington College of Law.

The answers to some of filmmakers’ most common clearance questions don’t really lie in the realm of “fair use” at all, but fall under the heading of “free use.”

This document is a code of best practices that helps creators, online providers, copyright holders, and others interested in the making of online video interpret the copyright doctrine of fair use. Fair use is the right to use copyrighted material without permission or payment under some circumstances.

For each video, consider the following questions: Why is this video fair use? What specific categories of fair use does the video employ? What arguments can you make for why this video is fair use?