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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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