Copyright and Fair Use, Part Two: Historical View and Contemporary Application in Nonfiction Film — Diane Carson

That the U.S. Constitution authorizes copyright AND fair use surprises many, but it follows. In order to encourage new works of any type, creators must be allowed to quote and comment an existing work in order to discuss, analyze, debate, or praise. The concept of “transformative” use has emerged as a guiding principle in ruling on the use of copyrighted assets in documentaries.

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