Statement of fair use in documentary films

My brother is working on a documentary called Reality Made Over, about Fox’s plastic-surgery reality TV show “The Swan”. Of course, since his subject matter television there’re lots of questions about what he needs permission to use and what counts as fair use under copyright law. Talking to him about it reminded me of the recent Documentary Filmmakers’ Statement of Best Practices in Fair Use that was put out by several associations of video and filmmakers, in consultation with the Center for Social Media at American University.

From their introduction:

This Statement of Best Practices in Fair Use makes clear what documentary filmmakers currently regard as reasonable application of the copyright “fair use” doctrine. Fair use expresses the core value of free expression within copyright law. The statement clarifies this crucial legal doctrine, to help filmmakers use it with confidence. Fair use is shaped, in part, by the practice of the professional communities that employ it. The statement is informed both by experience and ethical principles. It also draws on analogy: documentary filmmakers should have the same kind of access to copyrighted materials that is enjoyed by cultural and historical critics who work in print media and by news broadcasters.