specificity, Fair Use is a legal exception to copyright law that has been around for over 150 years. Understanding the fair use doctrine Fair use: a U.S. and what are the fair use four factors, before emphasizing on documentary filmmaking with the CMSI Statement of Best Practices – which is a must-read for any doc filmmakers – and the fair use of archival footage. In this article, we’ll first try to provide some key elements about what is the fair use doctrine in the U.S. Indeed, fair use is not a “wildcard” to be used under any circumstances, as there are criteria to apply with. It’s crucial for any doc filmmakers willing to claim fair use in their productions to get better informed about the ins and outs of fair use, otherwise there’s a risk to commit copyright infringement, which can lead to lengthy and costly legal problems. While it is essential to be granted permission to use someone else’s intellectual property, be it archival footage or any other type of copyrighted material such as stills or sounds, the fair use exemption is something that raises a lot of interest and a lots of questions from documentary filmmakers and producers – who often referred to it in a matter of budget, as a right to avoid paying licensing fees.
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droit de citation in France, fair dealing in U.K.), and understanding how to employ fair use in compliance with copyright law is certainly a hot topic amongst the documentary filmmaker’s community. specificity, similar concepts exist elsewhere in the world (e.g.
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At Archive Valley we’ve been challenged on that so many times that we thought it would be useful to dedicate a paper to that. What do we mean by fair use ? Once a baffling legal term and feature of copyright law, which was mainly taken advantage of by journalists and educators, Fair Use is now an essential tool for documentary filmmakers to understand and make use of. Fair Use Explained: Our Ultimate Expert Guide for Documentary Filmmakers
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