Lobby for the change you want to see.
Yeah, good luck with that.
On the other hand if you expect financial gain from it, fair use isn't likely to apply.
There is a boatload of "fair use" resources online. All you have to do is read them to figure out whether it applies to what you are doing.
If you had read the disclaimer at the bottom of the page it wouldn't have come as a surprise to you.
Information on FreeAdvice or a Forum is never a substitute for personal advice from an attorney licensed in your jurisdiction you have retained to represent you.
Last edited by adjusterjack; 03-29-2018 at 03:56 PM.
Use of music in a Documentary
It is important to remember that "fair use" is not permission to use others' copyrighted works. It is an affirmative defense to a claim of copyright infringement. It is a "yes, I infringed on another's copyrighted work but it is an excusable infringement" defense. The problem with using this defense is it is up to a court to ultimately decide if your use was in fact excusable, this AFTER you have been sued by the copyright holder.
It is ALWAYS best to get permission granted by the copyright holder prior to using copyrighted material, to avoid conflict with the copyright holder that results in a lawsuit and a court decision that could easily be in the copyright holder's favor.
And is also best to review your film plans with an IP attorney before distributing your film to the public.
I assume that when you say your documentary is "authorized" you mean releases have been signed allowing for use of all subjects' names and images and personal histories.
Last edited by quincy; 03-29-2018 at 06:07 PM.