The Current State of Fair Use in Documentary
Featuring Profs. Peter Jaszi, Patricia Aufderheide and Brandon Butler. Read more
Video: Prof. Peter Jaszi Discusses the Current State of Fair Use With Documentary Filmmakers
July, 2023
PIJIP Professor Emeritus Peter Jaszi participated in an online event on the intersection of fair use and democracy in the wake of the Supreme Court's decision in Warhol v. Goldsmith. American University Prof. Patricia Aufderheide and University of Virginia Library Director of Information Policy Brandon Butler also spoke at the event, which was hosted by The D-Word, a leading community for documentary professionals.
Jaszi discussed the notion that fair use is sometimes see to be uncertain:
"Someone may say fair use is uncertain, and that is true in the literal because all legal doctrines are uncertain. (What constitutesnegligence in an auto accident?) But it is also highly patterned and highly predictable, and that I think is the most important reaon perhaps of all to have confidence in the doctrine and its application."
Jaszi, Aufderheide and Butler have worked together on a number of Codes of Best Practices for Fair Use, including one specifically for fair use in the making of documentary films.
A vide of the online event is below: