‘Fair use’ is a term used in the media industries in many countries. However in the United States, ‘fair use’ refers to the doctrine in US copyright law allowing the use of short verbatim excerpts of copyrighted material for a range of “transformative” purposes such as criticism, news reporting, teaching, research, and even parody without permission from the copyright holder. Countries such as the UK and France have their own fair use laws with specific language and guidelines, but these are ultimately quite similar in purpose to American fair use doctrine. In countries where fair use is permitted, this legal framework can be a valuable tool for filmmakers, especially fair use in documentary. However, in some cases, claiming fair use on footage used in a project can present editorial and aesthetic constraints, as well as pose a legal and financial burden to a production.
Here are a few things to remember when considering claiming fair use of copyrighted footage in film and television productions. (more…)
