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Fair Use and Free Speech
Category 4: Employing archival material
in historical or biographical sequences
 In
“Karl Rove – The Architect,” a PBS Frontline
program, Michael Kirk wanted to show that Karl Rove had a lifelong
interest in electoral strategies, and quotes a 1973 CBS news segment
without licensing it.
Kirk successfully employed fair use because
this primary document was proof of a point in the documentary. His
use was similar to a historian’s quotes of primary sources
in print.
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 In
Giuliani Time, Williams Cole quoted contemporary newspapers,
magazines and news broadcasts, illustrating Rudy Giuliani’s
skill at commanding press attention.
Cole employed fair use because he made limited
use of archival materials to illustrate a specific historical observation.
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 In
the American Experience documentary "Citizen King,"
Orlando Bagwell used a central portion of Martin Luther King, Jr.’s
“I Have a Dream speech,” in which the King estate claims
copyright.
He claimed fair use because the section was
historically crucial and the King estate had refused to license
the material to the American Experience producer, public
TV station WGBH.
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