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Code of Best Practices in Fair Use for Online Video

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September 29, 2006 Video Collection

Refrigerator Mothers - Fair Use Clips

For examples of choices made FOR the application of fair use by an independent filmmaker, consider the decisions made by Kartemquin Films when making Refrigerator Mothers. The film is available in its entirety from Fanlight Productions.

In this group of clips, the filmmakers employed fair use.

NOTES: Examples 1-4 can been seen as a collection of images used to establish the general attitude in the country towards Bettelheim’s work, and psychotherapy in general, during the time period in question. They are used to illustrate the statements we are making. It is important to note that the clips are short—just long enough to make our point. In some cases we are also critiquing them.

ACTION: We claimed fair use. If questioned today, we would point to case one and two of the Documentary Filmmakers’ Statement of Best Practices in Fair Use.

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1. Bruno Bettelheim headshot from Psychology Today ()

A headshot of Dr. Bettelheim from a widely circulated magazine written for psychology professionals was used to support the narrator’s voiceover stating that Bettelheim was highly regarded by the therapeutic industry in his day.

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2. Magazine covers from The New York Times, Chicago Magazine, Redbook ()

Images of the covers of popular magazines with articles written by Bruno Bettelheim are used to underscore the subject’s voiceover stating that Bruno Bettelheim had high visibility and that professionals and parents took cues from his work.

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3. Image of front cover of The Empty Fortress, by Bruno Bettelheim ()

Use of the image of the front cover establishes the book to which the subject’s voiceover is referring when he states that he wrote a review of this book.

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4. Clips from The Dark Past, Spellbound and That Uncertain Feeling ()

Use of these clips from popular b & w movies of the 40s and 50s, supports the subject’s statement that “in the 40s and 50s, psychoanalysis was central to popular culture and that it was in the ether everywhere.”

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