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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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AuthorAn experienced entertainment attorney, Steven Beer currently serves as a partner Lewis Brisbois Bisgaard & Smith LLP. Archives
November 2022
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