http://www.law.duke.edu/cspd/artsproject/ RIGHTS CLEARANCE? …

http://www.law.duke.edu/cspd/artsproject/


 RIGHTS CLEARANCE?            PROBLEMS                             POSSIBLE SOLUTIONS


 Incidental Capture           Fair use? Most incidental            · Clarify and educate: create accurate
                              captures should be covered by          resources about fair use for filmmakers
 Documentarian filming        fair use, but rights to these are    · Best Practices: develop statement of best
                              often cleared anyway                   practices for filmmakers
 dorm room happens to
                                                                   (American University's Center for Social
 capture "The Simpsons"                                            Media is working on these ideas.)
 playing on television or
 Madonna on the radio
                              Private Gatekeepers: E&O             · Alternative Institutions: create a non-
                              insurance companies or                 profit insurer or clearinghouse
                              distributors may require rights      · Build Awareness: educate gatekeepers
                              clearances even though these           about fair use
                              are fair use                         · Technology: distribute works through
                                                                     other channels, for example via the internet


 Deliberate Inclusion                   "Orphan works": the        Comments to the Copyright Office propose
                                        copyright holder is        solutions enabling uses of orphan works:
 Documentarian wishes to                difficult or impossible    · www.law.duke.edu/cspd/orphanworks
 use newsreel footage,                  to find, or doesn't care   · www.publicknowledge.org/issues/ow
 photographs, movie clips,              if you use the work        · www.copyright.gov/orphan/comments/OW
 music for soundtrack, etc.                                           0595-Glushko-Samuelson.pdf


                                                                    Fair Use: uses for criticism, commentary
                                                                    or other "transformative" (new and
                                      The copyright holder          valuable) purposes can be fair use
                                      refuses permission;
                                                                   · End the Permissions Arms Race: just say
                                      clearance is too
                                                                     no to excessive licensing practices (for
                              expensive; filmmaker has no            example demanding payments for small
                              negotiating leverage; rights           fragments, or charging exorbitant prices)
                              thickets are                         · A Licensing Scheme could ensure that
                              impenetrable                           rights holders get paid while enabling
                                                                     filmmakers to use copyrighted works for
                                                                     fair prices. (A panel at the 2005 Full Frame
                                                                     Festival explored this idea.)


                              Disappearing History? Even if · Special terms or licenses for historical
                              rights are cleared, licenses can   documentaries that take into account heavy
                              expire, leaving historical         reliance on archival footage and
                              documentaries like Eyes on the     importance of historical record
                              Prize out of circulation         · Best practice codes for historical
                                                                     documentaries


               This work is made available under the terms of a Creative Commons Attribution, ShareAlike License
               http://creativecommons.org/licenses/by-sa/2.0/