Category 3: Incorporating Incidental Sounds and Images in Documentary Footage

5 Girls

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In 5 Girls, Maria Finitzo filmed a teen party where Lauryn Hill song played in the background.

She employed fair use because the girls chose for themselves to use that music, and their choices were part of the reality of their daily lives.

The Persuaders

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In the Frontline documentary “The Persuaders,” directors Barak Goodman and Rachel Dretzin filmed an advertising team presenting a demo of a commercial featuring the tune “Downtown,” by Petula Clark.
They invoked fair use for the song because they had not chosen it as a soundtrack element; rather the song was integral to the scene that they were capturing for other purposes.