
A still from “Burlesque: Heart of the Glitter Tribe.” A federal court recently held that the film’s use of several seconds of the song “Fish Sticks and Tater Tots” was fair use.
IPAT Clinic Director Jack Lerner has published an article in Documentary magazine, published by the International Documentary Association. In the post, Professor Lerner argues that even as documentary filmmakers make fair use safely and appropriately as a routine practice, fair use still remains under threat, and the Digital Millennium Copyright Act makes things even more difficult by enabling private censorship. Lerner writes:
Documentaries expose wrongdoing, illuminate culture, and take on powerful interests—and they depend on fair use to do it. Every day, members of our community make fair use responsibly and appropriately; get insurance; and have their work screened, broadcast and distributed without incident. Yet new threats continue to emerge. In the new digital economy, the documentary community must stay informed, organize, and agitate to protect the fair use rights we have worked so hard to earn.
This piece was heavily informed by the IPAT Clinic’s Filmmaker Services practice in which we help filmmakers, journalists, artists, and other creators make fair use responsibly.
You can read the entire piece at documentary.org.