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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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