"Fair use is not cut and dried," says Laura Malone, general counsel for the Associated Press (AP).
emphasizes that when it comes to judging what is and isn't fair use, the word "use" is key.
"You can have an entire documentary of entire fair use, but you can also have a documentary where there's not a second of it," she
adds, "depending on what it is that they are doing with it."
As both a reporter of the news and the owner of an archival library, AP
straddles both sides of the fair use spectrum.
"We are pretty much in the middle - we use fair use and we protect our copyrights," Malone
agrees, adding that filmmakers and studios would be wise to work more often to find middle ground, with a doc-maker agreeing to pay some money, if not commercial rates.
"The notion I have is that you should give the documentary filmmaker a license, but make it reasonable and something that they can afford," she
"Very often documentary filmmakers are making their films on a shoestring, and they really just are one or two people - they're not a studio, they don't have the support.
"Every documentarian thinks that their doc is educational, newsworthy and all those things that are part of the fair use analysis," Malone
Tags: AP, archive, Associated Press, Fair Use, Gordon Quinn, Kartemquin Films, Laura Malone, Michael Donaldson, Room 237, Stock Footage, The Shining