Creative Liberty Vs. Copyright: Exploring Fair Use In Documentary Cinema

Keerthana Krishna, Sastra Deemed University, Tirumalaisamudram, Thanjavur - 613401, Tamilnadu, India

ABSTRACT

In documentary films, actual people—also known as social actors—present themselves to us in their own authentic voices, offering a believable interpretation of the lives, circumstances, and events they depict. Rather than being a made-up allegory, the story is shaped by the unique point of view of the director to offer a clear glimpse into the historical reality. Fair use plays a pivotal role in documentary filmmaking, serving as a crucial legal doctrine that balances the protection of copyright holders' rights with the fundamental right to freedom of expression. This research paper explores the nuanced application of fair use within the context of documentary films, where creators often rely on pre-existing materials to construct narratives that critique, inform, and educate. Through a comprehensive analysis of legal precedents, case studies, and scholarly perspectives, this paper examines how fair use is interpreted and applied in documentary filmmaking. It delves into the factors courts consider, such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the market value of the original work. The paper also addresses the challenges filmmakers face in navigating fair use, including the risk of legal disputes and the ethical considerations involved in repurposing copyrighted material. Ultimately, this research aims to underscore the importance of fair use in fostering creativity and enabling documentary filmmakers to contribute meaningfully to public discourse, while also acknowledging the need to respect the rights of copyright holders.

Keywords: fair use, documentary, cinema, copyright, creative liberty