Fair Use?

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BA1385

Hi there,

I am currently making a documentary and would greatly appreciate to receive some clarifications regarding fair use. FYI the film's distribution is likely to be festivals, independent exhibition and possibly TV.

The typical usage of (a large number of) copyright-controlled material is outlined below:

  • Copyright-controlled song by Person A set to original footage relating to the themes of the song
  • Interview subject talks about Person A, copyright-controlled stills of Person A appears
  • Interview subject talks about Person A, copyright-controlled footage of Person A performing copyright controlled music appears

After reading articles on fair use I am still unsure about what and what does not fall into fair use from the material that I intend to use. If anyone has any thoughts I would greatly appreciate it.

Many thanks!
 
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BA1385 said:
After reading articles on fair use ...
Click to expand...

It's possible you may have been reading the wrong articles! "Fair Use" refers to the exceptions to copyright which are applicable in the USA. In the UK the exceptions to copyright is called "Fair Dealing".

My initial impression is that you will probably not be covered by fair dealing. However, I'm not an entertainment solicitor and depending on your exact usage, you might be covered by fair dealing. You really need to seek professional advice to be sure.

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Music is one of the most expensive things to clear.

On the other hand, research & reviews, especially in documentaries, (with bonus points to the non-profit kind) have the best shot at fair use exemptions.

An entertainment lawyer is your only option here if you've money to lose.

Good luck.
 
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