Success of the Statement of Best Practices

What has happened since the Documentary Filmmakers’ Statement of Best Practices in Fair Use was released on November 18, 2005?

  • release of films that could never have been seen publicly, or possibly even finished (Hip Hop: Beyond Beats and Rhymes; This Film Is Not Yet Rated; The Trials of Darryl Hunt)
  • saving of millions of dollars in unnecessary licensing costs ($400,000 in one film alone, IFC’s Wanderlust)
  • adoption into business practice in public television

•  Independent Television Service (ITVS) endorses it
•  WGBH producers give it out to their producers, and use it
•  Public Broadcasting Service (PBS) has shared it with all general counsels and general managers in its network
•  PBS and ITVS jointly used it to clear Hip Hop: Beyond Beats and Rhymes for broadcast

  • adoption of the Statement into business practice by cablecaster IFC, and case-by-case use in other cable companies
  • acceptance by all four of U.S. insurance companies for errors-and-omissions insurance of fair use claims (AIG, MediaPro, ChubbPro, and OneBeacon)
  • The Copyright Society, the leading association of intellectual property attorneys, has showcased fair use and the Statement at regional and national meetings
  • posting of the Statement on the website’s guidelines

Read about these successes in IP Today’s article, “Fair Use and Best Practices: Surprising Success