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Fair Use and Free Speech
Category 1: Commenting Critically on
Media
In
Outfoxed, Robert Greenwald employed fair use with the material
he quoted from Fox News.
Greenwald considered these quotes fair use
because they were directly related to his critique of Fox News'
ideological bias. Other filmmakers agree.
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Jean
Kilbourne claimed fair use in Sut Jhally's Killing Us Softly
when she quoted advertisements for her argument that women’s
body-image expectations are shaped by popular culture.
Kilbourne and Jhally were able to claim fair
use because she was criticizing the pieces of media that she showed
to viewers.
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Matt
Soar & Susan Ericsson’s Behind the Screens argues
that product placement in films affects the production process and
even the design of films.
The filmmakers claimed fair use for all quotes
from popular films, because they were examples of the phenomenon
being examined, even though they are not specific objects of critique.
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In
a Frontline documentary "Why America Hates the Press,"
Steve Talbot quoted several Sunday morning talk shows to describe
a particular style of media.
He invoked fair use because his limited excerpts
were chosen specifically to illustrate a critique of the role these
talk shows play in informing the public.
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