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Open Filmmaker Toolkit Fair use log

Untitled film

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Fair use

Not legal advice. This tool helps you write down your reasoning for each use you believe is fair, so your attorney can review it. Whether a use is fair is a legal judgment; have an attorney who knows fair use review the memo before you rely on it, and before you apply for errors and omissions insurance.

    Memo for your attorney

    Not cleared another way

    Elements in the clearance log that aren't licensed, public domain or marked fair use. If you think a use is fair, mark it fair use in the clearance log to write it up here.

      Fair use

      From the clearance log. Change these details there.

      1. Purpose and character of the use

      What does the film do with it that the original didn't? Is it the subject of comment or criticism, or used to illustrate a point the film makes? Is it there for its own sake, or as entertainment?

      2. Nature of the original work

      Is it factual, such as news footage or a document, or creative, such as a song or a film? Was it published?

      3. How much is used, and why

      How much of the original appears, and is that only as much as the film's purpose needs? Is it the heart of the work?

      4. Effect on the market for the original

      Could the film's use stand in for the original, or for a license the owner usually sells? Is there an established licensing market for this kind of use?

      Film details

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