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Copyright and Fair Use

Major insurers all accept Fair Use!

Fair Use claims are now accepted by the four major U.S. insurance companies for errors-and-omissions insurance of Fair Use claims (AIG, MediaPro, ChubbPro, and OneBeacon). The companies' acceptance of these claims is perhaps the best gauge of the adoption of Fair Use in general, and the Statement of Best Practices in Fair Use in particular, since insurance companies are both the ultimate gatekeepers for television documentary and also historically cautious to adopt practices that involve risk. Read more...

New Copyright and Fair Use Project Announced!

American University’s Center for Social Media and Program on Information Justice and Intellectual Property are undertaking a multifaceted project. "Copyright and Fair Use in Participatory Media," to promote standards for the use of copyrighted materials in user-generated media that is broadcast over the internet. This project builds on the two organizations’ success in helping to establish "best practices" for Fair Use by documentary filmmakers.Read more...

Think you don't need Fair Use? Guess again!

A recent article by Elizabeth Nolan in AFF’s Doublethink newsletter highlights the increasingly hazy distinction between what is and is not considered to be copyright infringement among user-generated content, and draws attention to the growing need for clearly-cut guidelines for the appropriate use of copyrighted materials.Read more...

Copyright Backgrounder

This concise background document describes what copyright is and what can be copyrighted, as well as what material is in the public domain and what is fair useable. Michael Donaldson is an attorney in Los Angeles, many of whose clients are leading documentary filmmakers. His book, Clearance and Copyright (Silman-James Press, October 2003), from which much of this information has been drawn, is widely regarded as a basic text for documentary filmmakers. Donaldson also contributed his expertise to the Documentary Filmmakers' Statement of Best Practices in Fair Use.

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