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The Center for Social Media has available the Documentary Filmmakers Statement of Best Practices in Fair Use (Nov. 18, 2005).
It is a reasonable document, emphasizing that fair uses include:
(1) Employing copyrighted material as the object of social, political, or cultural critique:
(2) Quoting copyrighted works of popular culture to illustrate an argument or point;
(3) Capturing copyrighted media content in the process of filming something else;
(4) Using copyrighted material in a historical sequence. There is lots of sensible elaboration of these concepts, informed in large part, IMHO, by the fact that the filmmakers are both producers and consumers of intellectual product, and thus have strong incentives to think things through and get the rules right.
This is a far step beyond the "academics and students get things free" or "but we're fans" perspective that darkens much current discussion of fair use.
The Center website has more info and examples, too.
posted by James DeLong @ 9:52 AM | Access: Commons, Fair Use, Orphan Works, Public Domain
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