Category 3: Incorporating incidental sounds and images in documentary footage

In God of a Second Chance, Paul Wagner included recorded and performed popular music in v

In 5 Girls, Maria Finitzo filmed a teen party where Lauryn Hill song played in the background.

She employed fair use because the girls chose for themselves to use that music, and their choices were part of the reality of their daily lives.

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.