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An Open Letter to Minister John Baird on Behalf of Filmmaker John Greyson

By Michael Lumpkin


The following letter was emailed from the IDA to John Baird, Canadian Minister of Foreign Affairs, on behalf of detained documentary filmmaker John Greyson this morning. He is being held in Cairo, Egypt, where civil unrest and protests are rampant. Greyson has been held since Friday, August 16.

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Dear Minister Baird,

The International Documentary Association (IDA) represents over 1,800 filmmakers in North America and around the world. We are dedicated to defending the rights and freedoms of documentary artists, activists, and storytellers, which is why we are reaching out to you today. We are deeply troubled to hear about the arrest and incarceration of veteran documentary filmmaker John Greyson in Cairo.

Like the rest of the world, we are closely following the escalating levels of unrest and violence throughout Egypt, which is why we are alarmed to hear that Mr. Greyson is still in custody. The IDA hopes that with your help, our voice and the voices of the filmmakers we represent will reach the Egyptian authorities responsible for this decision.

The IDA is requesting your urgent intervention in this matter to help ensure Mr. Greyson's safety and rights to due process. Our thoughts and support go out to the many journalists in Egypt who have been arrested and killed in the recent protests and unrest, and we hope that with the efforts of the global community we can ensure due process for them all.

Sincerely,

Michael Lumpkin
Executive Director

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For those interested in supporting the release of Greyson, please sign this petition on Change.org.

 

Fall 2013 Grant Opportunities

By Lisa Hasko


The fall granting cycle is right around the corner so we've listed a few opportunities that we think will be of interest to you. As with every funding application, be sure to read over the guidelines and requirements carefully to make sure your documentary is a good fit prior to applying. If you have questions along the way, contact a grant officer at the organization. They're there to help you determine if your film is right for the grant and to answer questions about the application process itself. Remember that some organizations request Letters of Intent (LOI) before you apply. If you've ever wondered how to go about starting a LOI, the Foundation Center's Grant Space provides a great resource guide.

As always, please feel free to contact us if you have any questions about a particular grant or about applying for grant money in general. Good hunting!

MOVIES THAT MATTER
Committed to the promotion and a wider circulation of human rights film screenings worldwide, Movies that Matter has initiated an extra stimulus for the circulation of human rights films in Africa, Asia, Latin America and Eastern Europe. Movies that Matter offers modest financial assistance up to € 5.000 of subsidy to organize various types of human rights film events in countries in Africa, Asia, Latin America, Middle East and Eastern Europe.

Extended Deadline: September 15, 2013

HBO/NALIP DOCUMENTARY FILMMAKER AWARD
The $10,000 award is up for grabs for one talented Latino filmmaker. “Social change has been the consistent undercurrent for HBO's critically acclaimed and award-winning documentary programs, with a myriad of issues presented in uncompromising quality and honesty.  Through this cash award, HBO wants to focus its lens on the Latino experience and support the growth of social commentary by Latino documentarians.” One of IDA’s fiscally sponsored films, Code of the West, received the award in 2011.

Deadline: September 27, 2013

ROY W. DEAN FILM/VIDEO GRANT
The Roy W. Dean film grant provides in-kind goods and services to support compelling shorts, documentaries, and independent features with budgets under $500K. They have expanded to further their goals of creating films that are "unique and make a contribution to society." The grant now also funds shorts and low budget independents. “Student filmmakers, independent producers, or independent production companies are all welcome”.

Deadline: September 30, 2013

CALIFORNIA COUNCIL FOR THE HUMANITIES – CALIFORNIA DOCUMENTARY PROJECT (CDP)
Guidelines are now available for the CDP, a competitive grants program of Cal Humanities that supports documentary film, radio, and new media productions that enhance our understanding of California and its cultures, peoples, and histories. Projects must use the humanities to provide context, depth, and perspective and be suitable for California and national audiences through broadcast and/or distribution. Eligible applicants may apply for Research and Development or Production grants. Award amounts range from $10,000 up to $50,000.

Deadline: October 1, 2013

FRAMELINE COMPLETION FUND
The Frameline Completion Fund provides grants to emerging and established filmmakers making projects about  lesbian, gay, bisexual and transgender people and their communities.  This program seeks to provide a much-needed source of financial contributions to artists who often struggle to secure funding to complete their works. Submissions are being accepted for documentary, educational, narrative, animated or experimental projects about LGBTQ people and their communities. Grants up to $5,000 are available for films that represent and reflect LGBTQ life in all its complexity and richness.

Deadline: October 31, 2013

TRIBECA FILM INSTITUTE DOCUMENTARY FUND

In 2014, the TFI Documentary Fund will provide grants totaling $160,000—including the TFI/ESPN Prize—to outstanding feature documentaries that aim to give audiences a unique glimpse of captivating personal stories. The TFI Documentary Fund furthers the development of exceptional character-driven, non-fiction works that spotlight contemporary themes with an original focus and bold, creative filmmaking. This fund allows TFI to fund many audience-grabbing genres that fall under the documentary umbrella including arts, sports, hybrid and experimental projects.

Deadline: November 5, 2013

PACIFIC PIONEER FUND
The Pacific Pioneer Fund supports emerging documentary filmmakers, who have demonstrated their commitment to documentary form by no more than ten years of practical film or video experience.  Eligibility: Filmmakers that live in California, Oregon and Washington.

Deadline: December 1, 2013 (POSTMARK)
 

6 Essential Tips for Using Archival Footage

By KJ Relth


It might not be until after you’re done in the field and have wrapped your interviews that you realize you’ll need some extra footage you just can’t capture yourself. Want shots of a bustling street in downtown Detroit during the 1950s? Need some footage of women playing golf in college in the 1930s? With a little digging, odds are that you can find someone who has already shot those images.

So off we go to the archives! But where to start? And how to find the right archive for your project? With resources available everywhere from university libraries to small town basements, finding those images might not be as easy as you had hoped. But with a lot of preparation and the willingness to get a little dirty, you’ll start unearthing gems you never dreamed might be available.

The panelists at our recent event Doc U: Taking Stock - Using Archival Footage to Tell Your Story, including the filmmakers from American Revolutionary: The Evolution of Grace Lee Boggs and a representative from T3Media, weighed in with 6 things to keep in mind when working with archives.

1. Start communicating with the archives early on.

"It's important to engage as early as possible," says Brendon Mulvihill, Director of Sales at the footage licensing firm T3Media. And he should know—he’s responsible for the resources at one of the nation’s largest holdings of sports, news, and creative footage. American Revolutionary producer Austin Wilkins got in touch with the guys at T3Media as soon as he and his team had a storyline mapped out.

"I didn’t think about it as an archival film," American Revolutionary director Grace Lee told the audience. "The film is really about Grace Lee Boggs' philosophical journey. One of the bigger challenges was, how do you tell a story about someone for whom there is no footage?"

"We started working with Austin pretty early on," Brendon recalls. He and his team at T3Media knew that it would be their job to help provide additional footage outside of what the filmmakers had captured in the field. That early engagement eventually lead to the polished, cohesive final project: the film would go on to win the Audience Award at the Los Angeles Film Festival and Best of the Fest at AFI Docs this summer.

2. Have a "wish list."

Panel moderator Senain Kheshgi, herself a filmmaker credited with the documentaries Project Kashmir and The First Year, prompted the filmmakers to explain their initial conversation with T3Media. Austin professed that they "had a wish list of images" they brought to the company and other archives nationwide on the off-chance that someone had what they were looking for. Luckily T3Media had worked on several Detroit-based documentaries already, making it possible for them to provide tons of B-roll for American Revolutionary, a film based primarily in Michigan's major city.

3. Become friends with the libraries and archivists.

As Austin joked during the panel, "not too many archivists go into it for the money." Most historians and librarians do it because they love the work, and love being posed a challenge. Starting to communicate with them early on and presenting them with lists of desires will help to start a relationship based on respect, trust, and cooperation. Stressed out researchers on a severe time-constraint might not have the time nor the patience to seek out that visual gem that might help with a major plot point.

"It's their job to help you find the things that you need," Grace stated. "It's all about figuring out a way to make that relationship work."

4. Be organized.

An organized editor is a productive editor. With American Revolutionary and every other film she's worked on, editor Kim Roberts gets super detailed when it comes to cataloging her footage. During the panel she got down to the nitty gritty of how she organizes, especially when there is a massive amount of second-hand material. First, she recommends that you create a shorthand for the archive from where your footage originated.

"Come up with a really consistent naming strategy," Kim recommended. On large productions, one might find themselves working with several assistant editors and even a number of interns, all of whom need to understand exactly what’s within a file without wasting time by opening it. Using numbers to order the footage and useful descriptions that can be understood by a number of people will help guarantee a smooth post-production process.

"If you are using A TON of archival," Kim continued, "keywords become really important. On this project, I think it was organized by decade."

5. Back it up.

So how does one store all of this footage? Keep it on another drive? And should it always be at the ready?

Austin explained that "even on a low budget, we had a bunch of drives. There were at least one or two backups of everything." We all know the nightmare of a failed hard drive. This one is simple: prevent headaches by always backing up.

6. Don’t bring in your editor until they have something to work with.

So you've begun the process of acquiring the majority of your footage, both primary and archival. When is it best for an editor to come on board with a project like this?

"When Kim started there was still a lot of shooting going on," Grace admitted. "It's best when the editor starts when you are still shooting," thus acclimating them to the tone, style, and voice of the project.

"Sometimes, [an assistant] will go ahead of time," Kim added, "who will have logged a bunch and will know how to organize. You don't want to bring your editor in until they can start moving."

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This seminar and other Doc U programs are available online to IDA Members. Learn more about Doc U Online.

 

Have more tips on how to best work with archival footage? Post in the comments below!

 

Brooks Institute and FirstCom Music Sponsor IDA Documentary Screening Series

By IDA Editorial Staff


All of us at the IDA are thrilled to have FirstCom Music and Brooks Institute as sponsors of our newest program, the IDA Documentary Screening Series, launching this Fall at the Landmark Theater in Los Angeles, CA. The IDA Documentary Screening Series is invitation-only screenings of fifteen documentary features that will take place annually between September and January.

"At Brooks Institute, we provide a learning experience that attracts a diverse student body of aspiring professionals with one common goal: to pursue careers in the visual, new media, and communication arts," explains Gail Fisher, Department Chair, Department Chair, School of Film|Communication at Brooks Institute.

"Our sponsorship of the IDA directly benefits our students with their educational and professional development goals by providing them with exposure to the documentary film industry and a top-notch organization like the IDA. We’re very excited about sponsoring the IDA Documentary Screening Series."

FirstCom Music and Brooks Institute join media sponsors The Nation and IndieWire as partners of the new program.

The Series will bring some of the year’s best documentary films to IDA members as well as members of the Academy of Motion Picture Arts and Sciences, industry guilds and other film organizations with the goal of increasing voting participation in the documentary award categories. Each screening will conclude with a moderated Q&A with the filmmakers. Moderators will include Matt Holzman of KCRW, Dana Harris of IndieWire and John Weiner of The Nation.

FirstCom Music, a leading music services provider, offers the most comprehensive musical selection worldwide. With more than 176,000 tracks, FirstCom Music is dedicated to providing high-quality, easy to license music to industry professionals.

Brooks Institute is an accredited college with a tradition of over 67 years of educational excellence and commitment to preparing students for a rewarding career in the visual and media arts.

For more information and regular updates about the IDA Documentary Screening Series, go to documentary.org and become a registered user. Registered users are automatically signed up to receive our email communications.

To become a sponsor of the IDA Documentary Screening Series, please contact Cindy Chyr at cindy@documentary.org.

For general information about the IDA Documentary Screening Series contact Amy Jelenko at amy.j@documentary.org.

'The Nation' and IndieWire Join IDA as Media Partners

By IDA Editorial Staff


IDA is proud to announce our media partners for the new IDA Documentary Screening Series—IndieWire, the leading news, information, and networking site for independent-minded filmmakers, the industry and moviegoers alike; and The Nation, the oldest continuously published weekly magazine in the United States devoted to politics and culture.

The IDA Documentary Screening Series is invitation-only screenings of fifteen documentary features that will take place annually between September and January; and launching for the first time this Fall.

"We're very excited to have IndieWire and The Nation join as media partners of the IDA Documentary Screening Series," explains Michael Lumpkin, IDA's Executive Director. "As media partners, IndieWire and The Nation will promote and participate in the program, with the end goal of getting the participating films noticed and viewed by the right audiences."

The Series will bring some of the year’s best documentary films to IDA members as well as members of the Academy of Motion Picture Arts and Sciences, industry guilds and other film organizations with the goal of increasing voting participation in the documentary award categories.

Each screening will conclude with a moderated Q&A with the filmmakers. Moderators will include Matt Holzman of KCRW, Dana Harris of IndieWire and Jon Weiner of The Nation.

For more information and regular updates about the IDA Documentary Screening Series, go to documentary.org and become a registered user. Registered users are automatically signed up to receive our email communications.

To become a sponsor of the IDA Documentary Screening Series, please contact Cindy Chyr at cindy@documentary.org.

For general information about the IDA Documentary Screening Series contact Amy Jelenko at amy.j@documentary.org.

For more information and regular updates about the IDA Documentary Screening Series, go to our sign-up page to become a registered user.

Summer 2013 Grant Opportunities

By Lisa Hasko


The summer granting cycle is open! Although they are competitive, grants are a great way to round out that ever growing budget. We've listed a few of our favorite documentary specific grants that are now accepting applications. Check them out and see if one is right for you.

THE CATAPULT FILM FUND
Catapult Film Fund opened it's summer round of applications on June 17th, but the actual deadline is August 19th. Catapult Film Fund provides development funding to documentary filmmakers who have a compelling story to tell, have secured access to their story and are ready to shoot and edit a piece for production fundraising purposes.

HOT DOCS
Blue Ice Group Documentary Fund is a grant supporting African American documentary filmmakers for development and production. Development grants of $3000 - $8000 and Production grants of $5000 - $40,000 are awarded to approximately four to 10 projects annually. Applications are accepted from June 18th - August 16th.

MACARTHUR FOUNDATION
The Foundation just announced its open call for documentary film proposals. Applications will be accepted starting June 27th, and the deadline is July 31st. The Media, Culture and Special Initiatives Program seeks to fund documentary projects that address the significant social challenges of our time or explore important but under-reported topics. Domestic and international topics are welcome.

ITVS FUNDING INITIATIVE
Open Call Round 1 deadline is coming up on June 28th. Open Call provides funds for single nonfiction public television programs on any subject, and from any viewpoint. The Diversity Development Fund (DDF) is also currently open for applications until August 16th. The DDF provides up to $15,000 in research and development funding to producers of color to develop single documentary programs for public television. Many of ITVS' other funding opportunities now accept applications year-round, so be sure to look into the International Initiative, LINCS and Series/Special Projects grants too.


THE FLEDGLING FUND
For those of you who will soon find out if you are one of The Fledgling Fund's spring cycle grantees - we wish you good luck! And for those of you who missed it, the next cycle for the Fund's Film and Creative Media Grant opens August 12th.These grants support outreach and audience engagement for social issue documentaries and range from smaller planning grants to implementation grants for projects that have a clear plan ready to launch.

Are You Ready For Some Feedback?

By Amy Halpin


Your shoulders and back ache; you've eaten way too much junk food and gotten far too little sunlight and exercise in the last few months.  The obvious perils of the documentary edit. You and your editor (or maybe just you) have cut and re-cut, watched and re-watched, obsessed, argued and compromised your way to an early cut. Now what?

If you are in the early rough-cut stage, it's time to call in your advisors. Having subject specific advisors weigh in on premise, accuracy, tone, balance and general fact checking early enough will give you plenty of time to address any major content issues long before you have a festival deadline looming.  

The next step for feedback probably involves reaching out to experienced documentary professionals and trusted colleagues. Talking structure, character development, pacing and story arc with a few seasoned pros who aren't intimately involved with your film or it's subject will give you a fresh perspective in the late rough cut stages of your project.

Finally, when you have an early fine cut, it's time to reach out to a more general audience to see what's working and what needs more polishing before locking picture and delivering a finished film. No matter how many times you've watched your film alone in a darkened room, it's not until you see it with an audience of first time viewers that you truly understand all the dynamics involved.

With all this in mind, IDA and collaborator Venice Arts launched the FIRST LOOKS Works-in-Progress documentary screening series early this year.  The Works-in-Progress series was designed to give our fiscally sponsored projects a way to solicit valuable feedback in a collaborative and supportive environment, as well as to provide a venue for filmmakers and documentary lovers to meet and make connections.  In January our audience got the first look at I Am Divine shortly before its world premiere at SXSW, and more recently gave feedback to the filmmakers from Ride With Larry, which should be hitting the festival circuit in the Fall.
 
HOW TO GET INVOLVED
 
If you are ready for feedback and are interested in participating in an upcoming screening please reach out to us by sending a brief email to Sponsorship@documentary.org. Let us know what phase of production you’re in, when you think you’ll be ready to screen and what you hope to get out of participating in a FIRST LOOKS screening.  Right now we have slots available on August 1st and November 7th with future dates to be announced.  

A few tips for a productive work-in-progress screening:

  • Approach the screening with a thick skin, an open mind and a spirit of collaboration. When you ask for feedback, most people are going to focus on the handful of things that aren’t working.
  • Be specific - Asking "did you like it" isn’t enough. If you want to know if a particular sequence is too long or a character with a thick accent is understandable without subtitles, ask directly.
  • Consider your audience - The definition of “general audience” for your film will likely be different from your average Hollywood blockbuster. Now is the time to re-visit the idea of identifying your "core audience".  When inviting people to your screening consider who you want to impact with your film and reach out strategically.

Why Private Interests Are Dangerous for Public Television

By Michael Lumpkin


For decades both documentary filmmakers and lovers of the documentary art form have relied on the Public Broadcasting Service to provide a forum where the best nonfiction work can reach the audience it deserves. PBS has become our nation's electronic commons—a space relatively free of commerce and commercialism, where diverse American voices can be heard over the for-profit media's roar.

But despite its vital role in our cultural life, PBS has always had the same perennial problem: how to pay the bills. Public funding was supposed to keep it independent, impartial and commercial free. But Congress has cut that funding again and again. Pledge breaks and tote bags can only carry a station so far. So a big donation from a major philanthropist can seem like a lifeline. The question becomes, does the lifeline come with strings?

In a recent New Yorker article, Jane Mayer lays out the case that when it comes to donations from conservative billionaire philanthropist David Koch, the answer is yes. Mayer reveals Koch's role on the boards of the PBS network's two flagship stations: WGBH-Boston and Thirteen/WNET-New York. She also takes a hard look at WNET President Neal Shapiro's efforts to placate Koch when a documentary critical of the Koch family, Alex Gibney's Park Avenue: Money, Power and the American Dream, aired on the PBS/Independent Television Service (ITVS) series, Independent Lens.

According to Mayer, Shapiro threatened to ban Independent Lens from the WNET schedule—a move that could be fatal to ITVS, given that New York is the largest media market in the country. He also rewrote the film’s introduction and staged a round table discussion after it aired to soften its impact. But despite Shapiro’s efforts, Koch eventually resigned from the WNET board—a move his critics applauded but which cost the station a promised seven-figure donation to its capital campaign.

There’s little doubt that filmmakers and fans of documentaries and PBS should be troubled by these revelations. Mayer makes a convincing case that at best Shapiro violated PBS’s vital commitment to “shielding the creative and editorial processes from political pressure or improper influence from funders or other sources.”

Mayer also reports that Shapiro’s flare-up may have had an impact on a second film project as well: Carl Deal and Tia Lessin's upcoming Citizen Koch, a fiscally sponsored project of the IDA, and a recipient of a grant from IDA's Pare Lorentz Documentary Fund. An uncompromising look at the impact of the Supreme Court's Citizens United decision unleashing unlimited corporate money into politics, Citizen Koch focuses in part on the roles played by David Koch and his brother Charles in underwriting conservative causes and politicians.

Deal and Lessin told Mayer they submitted written and video proposals for the project, then called Citizen Corp, to ITVS and received a positive response. The filmmakers and ITVS entered negotiations for a license to broadcast the film on PBS. But five months after Gibney's Park Avenue aired, the negotiations ended without a contract.

According to an ITVS statement released today, it had "initially recommended the film Citizen Corp for production licensing based on a written proposal. Early cuts of the film, including the Sundance version, did not reflect the proposal, however, and ITVS eventually withdrew its offer of a production agreement to acquire public television exhibition rights."

Deal and Lessin are certain that fear of Koch was to blame. "This wasn’t a failed negotiation or a divergence of visions; it was censorship, pure and simple," they insist. "It’s the very thing our film is about—public servants bowing to pressures, direct or indirect, from high-dollar donors.

"After much thought, we decided to go public with our experience hoping that, like the film itself, it will spark conversation about how power wielded by high-dollar political donors like Charles and David Koch distorts the public dialogue."

This is the real lesson in Mayer's exposé. That PBS, our invaluable electronic commons, is under siege from interests devoted to profit and power, whose brand of philanthropy is defined not so much by altruism but by control. As long as it remains underfunded by Congress, PBS will be susceptible to pressures from wealthy activists like Koch.

Fortunately, there are two things we can do right now to start turning things around.

First, those who create content for PBS, and those who support them, must come together to develop strategies and tactics to deal with similar situations in the future, and to make sure that we continue to hold PBS to its own high standards.

Second, we need to free PBS and its affiliates from dependence on private donors by doing everything we can to ensure they get the full public funding necessary.

Only a combination of revitalized public funding and strict adherence to existing PBS standards for private donations will prevent conflicts of interest such as the ones that swirled around Koch and WNET. Only then will PBS be preserved as the diverse, impartial and commercial-free forum it has been for decades, and can continue to be for decades to come—if we commit ourselves to keeping it alive.

So call your congressperson, call your senator, call the President, and tell them to fund PBS. And support filmmaker advocacy by becoming a member of IDA.


Further reading:
Jane Mayer: A Word from Our Sponsor: Public television’s attempts to placate David Koch
Statement about "A Word From Our Sponsor," by Carl Deal & Tia Lessin
ITVS responds to New Yorker article on Park Avenue and Citizen Koch

IDA Has Moved!

By Lisa Hasko


The International Documentary Association has moved offices in Los Angeles. Please update your fundraising materials, both print and online, and make sure your donors have our new address.

New Address:

3470 Wilshire Blvd., Suite 980
Los Angeles, CA 90010

New Phone:

213 232-1660

Amy Halpin's extension: 209
Lisa Hasko's extension: 210

New Fax:

213 232-1669

What To Do When Your Footage is Behind Encrypted Technology

By KJ Relth


As part of our ongoing Doc U educational series, we brought together the best fair use lawyers and researchers to help you understand what the DMCA exemption means for your non-fiction film.

Fair use is a concept that was created by the courts over 150 years ago. Courts recognized that it simply was not fair to say that every copying of a copyrighted work was a violation of the law. Some copying was necessary to promote the very creativity that the copyright law was designed to promote and protect. Documentary filmmakers have the right to use copyrighted material without payment or permission for certain socially valuable purposes such as criticism, commentary, for the purposes of reporting or in the classroom. If you are a documentary filmmaker who is exercising this right responsibly, then you are making “fair use” of the material and working within the parameters of the existing law.

We have always had this right to source footage from non-digital means. But what if the footage you want to use is on a DVD? According to the 1998 Digital Millennium Copyright Act (DMCA), it is against the law to break the encryption built into the disc, and therefore illegal to rip that footage. In recent years, this law has been increasingly problematic for filmmakers who wish to make fair use of materials on digital media.

That's why in 2008, Professor Jack Lerner and the USC Gould School of Law's Intellectual Property and Technology Law Clinic (USC IPTLC), together with Michael C.Donaldson of Donaldson + Callif LLP, filed a request with the US Copyright Office seeking an exemption to the DMCA on behalf of all documentary filmmakers. This exemption, which was granted in 2010 and renewed in 2012, allows documentary filmmakers to rip materials from DVDs and online media for purposes of criticism and commentary in their films. This was a great victory for the non-fiction film community and creators everywhere who wish to talk about culture or society. But the exemption is dauntingly complex. How can we be clear what the DMCA still prohibits us from doing, and what the steps are needed to document your access to footage?

On Monday, April 22, IDA offered a panel seminar and discussion Doc U: Access Granted—A Guide to Fair Use and the DMCA for Doc Filmmakers, moderated by IDA Board member and USC Law Professor Jack Lerner. This seminar was aimed at helping guide documentary filmmakers toward the steps needed to ensure they are properly applying fair use. He was joined by Dean Cheley, Associate at the law firm of Donaldson + Callif, and USC IPTLC participants Garrett Lee and Katharine Trendacosta. Together, the four panelists walked attendees step-by-step through how to find the safe harbor for fair use, and the seven steps you should follow to determine whether you can rip from a DVD or online source.

Dean Cheley presented us with a few fairly simple questions you can ask yourself to determine whether you can rely on fair use when using copyrighted material in your film. If you can honestly answer the following three questions with an objective "yes," your use will comfortably fall under fair use:

1) Does the item illustrate or support a point that the filmmaker is trying to make in the documentary?

Verbatim copying doesn’t work without commentary. Take the example of the film Room 237, which showcases commentary running through the entire film over fair use clips from Kubrick’s canon. The footage used is contextualized by what is being discussed on the audio track and is used to illustrate specific points that the filmmaker is making in the documentary. Without that critical footage, this film would be series of talking heads, wouldn't have the same emotional or dramatic impact, and the filmmakers would not be able to properly explain what they or the subjects of the film were trying to say. The filmmaker needed to rely on fair use to create a more robust and informative film.


2) Does the filmmaker use only as much of the item as is reasonably appropriate to illustrate or support the point being made?

Back to Room 237. Even though director Rodney Ascher used around 30 minutes of footage from The Shining -- an amount that would have been staggering in many other contexts, accounting for almost one-fourth of the runtime of the Kubrick’s movie—everything on screen is reasonably appropriate to support or illustrate points that the interview subjects were positing. The footage is shown at regular speed, sped up, slowed down, played backwards, and superimposed, all in service of the points that the interview subjects are saying.


3) Is the connection between the item you are using and the point you are making obvious to the average viewer?

Often filmmakers can create a work with a specific idea in mind but it is not clear to third parties, at least not upon first exposure to the film. Try not to make the connection between the point you are trying to make and the fair use material too esoteric. Usually the problem can be solved by better contextualization. You want your footage to directly correlate with the points being made not only for clarity, but also so that your use falls more safely within the parameters of fair use.

Following Cheley’s presentation, Garrett Lee and Katharine Trendacosta of the USC IPTLC fleshed out their guide to utilizing the DMCA exemption. In other words, if you are all set on fair use but can’t access the footage because it’s behind encryption, can you make use of the documentary filmmakers’ exemption to the DMCA? Lee and Trendacosta recommended that filmmakers adhere to the following seven-step process in order to be sure that they are using the exemption properly:

1) Am I using the clip in a documentary film?
2) Is the clip from a motion picture (i.e., a moving image)?
3) Is the clip from a DVD or online source?
4) Am I using the clip for the purpose or commentary or criticism?
5) Am I only using a short portion?
6) Are there reasonable alternatives to ripping?
7) Do the alternatives that I found reasonable produce the quality I need to make my commentary or criticism?

If the footage you want to use meets all of the criteria listed above, and your use of it constitutes fair use, then congratulations! You have made fair use and can include your desired clip in your project.

The panel ended with questions from the audience. The full program can be viewed shortly on our Doc U Online homepage (available to members only).

For more on how to make fair use and other details about the DMCA, please refer to Michael Donaldson’s Clearance and Copyright: Everything the Independent Filmmaker Needs to Know.

In addition, you can download the free brochure The Documentary Filmmaker’s Statement of Best Practices in Fair Use (pdf).

 

Do you have a story about your experience making fair use under the current DMCA exemption? Have you had trouble obtaining material from DVDs, Blu-Ray, or other encrypted media? Have you had difficulties—or successes—utilizing the DMCA exemption? Document your experience and share it with the people who help ensure your continued protection under this law. Email your stories to DMCAstories@law.usc.edu.