Fair Use Clearance

Need Fair Use Opinions for Error & Omissions Insurance?

Fair Use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the copyright holders, such as use for scholarship or review. Fair Use provides for a legal, non-licensed use copyrighted material in another author's work under a four-factor balancing test.  The Fair Use factors to consider are:

  • Purpose & Character of the Use;
  • The Nature of the Copyrighted Work
  • The Amount and Substantiality of the portion used in relation to the copyrighted work as a whole
  • The Effect of the Use upon the Potential Market for or value of the copyrighted work

One should also always consider whether the use is de minimus use.

In 2005, the doctrine of Fair Use became extremely current and relevant to filmmakers when the Association of Independent Video and Filmmakers, the Independent Documentary Association, public TV's Independent Television Service and the series P.O.V., and other media groups endorsed a Statement of Best Practices defining four kinds of situations when a producer, under the "fair use" provisions of copyright law, need not pay for a film clip, a shot of a painting or a snatch of music.

As a result, a "Fair Use Rider" was negotiated with the E & O Insurance providers.  This allows E & O Insurance to be issued to filmmakers who utilized the Fair Use doctrine in their films.

When evaluating and developing the Fair Use Rider, Karana IP can:

If you need help with evaluating a work for fair use, Call or Contact Us Today!

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