In the demo version of Kartemquin Films' series on the lives of new U.S. immigrants, The New Americans, Israel Nwidor whistled along with a George Strait song. The Filmmakers claimed fair use.
Kartemquin invoked fair use because Israel spontaneously chose the music and whistled in a scene whose purpose was to show his daily life as a new immigrant. The filmmakers did not use the music as a soundtrack element.
In the Frontline documentary "The Persuaders," directors Barak Goodman and Rachel Dretzin filmed an advertising team presenting a demo of a commercial featuring the tune "Downtown," by Petula Clark. They invoked fair use for the song because they had not chosen it as a soundtrack element; rather the song was integral to the scene that they were capturing for other purposes.