Film-makers’ Fair Use insurance
p2pnet.net news:- Documentary film-makers often have problems with copyright law.
“Fair use allows for the use of brief excerpts of copyrighted material, but that doesn’t stop some copyright holders from threatening lawsuits and demanding exorbitant licensing fees,” writes Hugh D’Andrade on te EFF’s (Electronic Frontier Foundation) Deep Links.
He goes on:
Unless they clear every snippet, filmmakers are generally unable to get “errors and omissions” insurance, and, without that, it’s basically impossible to get a film distributed and released in the theaters or TV.
To help clarify the principle of fair use, a group of five national filmmakers organizations put together a Statement of Best Practices in Fair Use in 2006. The Statement provides guidance for lawyers, broadcasters and insurers as to what constitutes fair use.
And happily, the Statement has had a dramatic effect. Cable programmer IFC has been guided by the Statement in deciding what documentaries to air, and now insurers are using it to extend coverage for filmmakers. National Union, a major insurer, has recently adjusted its policy to extend coverage for fair use. Filmmakers can now purchase insurance provided an attorney with experience in copyright law is willing to attest that the film falls within the fair use as defined in the Statement.
This is tremendous news for independent filmmakers, who should find it easier to make their art and inform the public without fear of being shut down by legal threats. As Professor Bill McGeveran suggests at the Info/Law blog this could also be “a powerful approach” for other creative communities “to preserv[e] fair use without direct legal action.”
Let’s hope so.
Also See:
Deep Links – Film Insurers Recognize Fair Us, February 15, 2005
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February 18th, 2007 at 5:11 am
“To help clarify the principle of fair use, a group of five national filmmakers organizations put together a Statement of Best Practices in Fair Use in 2006. The Statement provides guidance for lawyers, broadcasters and insurers as to what constitutes fair use.”
Problem: The American Copyright Act says nothing of what is said in the “Best Practices” document. The document is therefore of little use. I doubt that the document could be used effectively as an authority in court.
It would also be of little use for multi-nation documentaries, which are very common, such as a documentary by an american about italian politics for distribution in France.
Also, the document does nothing to clear the air of all the confusing and contradictory jurisprudence and contradictory claims by lawyers.
Nice try but I doubt it will have any affect in solving the fair use confusion created by the law, the legislators that made the law and the judges who have invented ideas as to what is fair use which are not in the Copyright Act and the lawyers who profit from the confusion.
Also, some of the recommendations are unrealistic for common documentary filmakers (such as students) without the deep pockets and legal support of corporations.
Rafael Venegas
http://www.gvenegas.com