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An experienced media and entertainment attorney, Steven C. Beer is also an accomplished writer, having published the book Your Child’s Career in Music and Entertainment: The Prudent Parent’s Guide from Startup to Stardom. He frequently contributes articles on issues concerning film and entertainment, as well as co-authoring the Legal FAQ column for Documentary Magazine. In a recent article written for the column, Steven C. Beer addresses the legal implications and caveats involved in using amateur footage for documentary purposes. Taking such content and using it under the guise of “fair use” may seem legitimate, but is the practice actually considered legal?
Such questions are never straightforward or simple, and the legality of the use of amateur footage frequently involves numerous questions about the nature of the clip, where it came from, and how much of it is used. One such recent case involved a lawsuit against a broadcast on WHEC, a Rochester, New York, station, used for the evening news. The clip used was created by college sophomore Boris Shirman and involved a video montage of 18-year-old voters discussing their feelings about voting and other related activities in their high school. Shirman sued for copyright infringement after the evening news used portions of the video and audio in a broadcast. The courts eventually concluded that the news station’s use of the clip did not meet the conditions of “transformative” use and therefore would not fall under fair use rules. Documentary makers should consider the implications in this and similar cases when appropriating amateur footage, be it video, photographs, or otherwise.
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Entertainment lawyer Steven C. Beer focuses his career on the film, music, and entertainment industries. Also a published author, he wrote the book Your Child’s Career in Music and Entertainment: The Prudent Parent’s Guide from Startup to Stardom and is a frequent lecturer and writer on topics involving the film industry. Additionally, he negotiates many deals involving rights for film and television projects, including a documentary directed by Jonathan Sutak titled Dons of Disco.
Screened in 2019 at the Slamdance Film Festival and winner of a Jury Award at the Lighthouse International Film Festival, the documentary Dons of Disco covers the controversy surrounding an Italian pop star in the 1980s named Den Harrow. The pop star initially topped the charts in Europe with such hits as Bad Boy, Don’t Break My Heart, and Future Brain. It was not until 30 years later that the lip-synching controversy covered in the documentary film surfaced. An American named Tom Hooker has alleged that it was his voice behind the pop star’s fame, and that Stefano Zandri (Den Harrow was a name coined by producers) had been lip-synching the entire time. The documentary is set to be released on numerous digital platforms, including YouTube, AppleTV, and Amazon Prime. |
AuthorAn experienced entertainment attorney, Steven Beer currently serves as a partner Lewis Brisbois Bisgaard & Smith LLP. Archives
November 2022
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