Fair Use and Clearance

Fair Use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test. Although several hundred years old, in 2005, the doctrine of Fair Use became extremely current and relevant to filmmakers when the Association of Independent Video and Filmmakers, the Independent Documentary Association, public TV’s Independent Television Service and the series P.O.V., and other media groups endorsed a Statement of Best Practices defining four kinds of situations when a producer, under the “fair use” provisions of copyright law, need not pay for a film clip, a shot of a painting or a snatch of music. As a result, a “Fair Use Rider” was negotiated with the E & O Insurance providers, allowing E & O Insurance to be issued to filmmakers who utilized the Fair Use doctrine in their films. 

Entertainment Law Partners will:  

• Screen films and work with the client to ensure that the film falls within the parameters of fair use, providing hints and tips in the editing process; 
• Advise clients on clearance and Fair Use issues as they relate to documentary and independent film, working hand in hand with the filmmakers at any stage of the filmmaking process to ensure that their film falls within the “safe harbor” area of Fair Use; 
• Work in conjunction with the media and entertainment insurance companies and providing our highly specialized “Opinion Letter” to the insurance company, which will directly allow the filmmaker to receive coveted E & O insurance, and subsequently, distribution of his or her film; 
• Advise the client on defamation, libel, false light, invasion of privacy, trademark, and copyright issues that may arise during a production, and giving precise and specific advice on how to avoid and deal with these issues;
• Advise the client on any and all releases, licenses, contracts and agreements that arise during the rights clearance in the film, and drafting and providing these forms, and others, when necessary.