Thursday, September 9, 2010

Fair Use

Documentarians often record copyrighted sounds and images when they are filming sequences in real life settings. Examples are the text of a poster on a wall, music playing on a radio, and television programming heard in the background. In the context of documentary, the incidentally captured material is an integral part of the ordinary reality being documented. Only by changing and thus falsifying the reality they film such as telling subjects to turn off the radio, take down a poster, or turn of the TV this could be avoided.

In many cases the best effective way to tell a particular historical story or make a historical point is to make selective use of words that were spoken during the events in question, music that was associated with the events or photographs and films that were taken at that time. In many cases, such material is available, on reasonable terms, under license. On occasion, the licensing system breaks down.

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