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Fair Use and Free Speech

Category 3: Incorporating incidental sounds and images in documentary footage

 

In the demo version of Kartemquin Films’ series on the lives of new U.S. immigrants, The New Americans, Israel Nwidor whistled along with a George Strait song. The Filmmakers claimed fair use.

Kartemquin invoked fair use because Israel spontaneously chose the music and whistled in a scene whose purpose was to show his daily life as a new immigrant. The filmmakers did not use the music as a soundtrack element.


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In 5 Girls, Maria Finitzo filmed a teen party where Lauren Hill song played in the background.

She employed fair use because the girls chose for themselves to use that music, and their choices were part of the reality of their daily lives.

 

 


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