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DOCUMENTARIES; A Right not a Last Resort

Published on November 22, 2005

Source:

New York Times
October 30, 2005

DOCUMENTARIES; A Right, not a Last Resort

To the Editor:

Re ''The Hidden Cost of Documentaries'' by Nancy Ramsey
[Oct. 16]:

Many documentary filmmakers (myself included) feel obligated to alter their footage to avoid copyright disputes--an act akin to self-censorship. But while broadcasters and even our own lawyers warn us away from conflicts over ''fair use,'' it's worth emphasizing Ms. Ramsey's deeper point: fair use is intended to encourage the creativity of today as much as it is to protect the work of yesterday. That's why five filmmaker organizations, with the help of the Center for Social Media, have worked on a statement of best practices to be released next month that will clearly outline when and how we can use copyrighted material.

Hopefully, this statement together with Ms. Ramsey's article will help documentarians understand that claiming fair use is not a defense of last resort; rather, it is a legal right for all media makers, protected by the First Amendment.

KATY CHEVIGNY
Manhattan

Read Nancey Ramseys article here

See Katy in the New York Times here