IFC has taken the lead in the media industry in assisting filmmakers utilizing fair use. It’s very exciting news that was made public in the NY Times today in “No Free Samples for Documentaries: Seeking Film Clips With the Fair-Use Doctrine” by Elaine Dutka.

If I had to guess, I’d say that Ms. Dutka is receiving a bonus check from the studios to ensure that her article makes it clear that this strategy of using fair use to make films that comment on popular culture is not only a non-starter but will put you in jeopardy of legal action. She somehow manages to turn a report on some very exciting news, that finally industry is catching up to filmmakers who are learning what fair use means and how it should be used, and throwing a wet blanket over it, which is exactly what large corporate copyright holders want.

The culture of fear around copyright and fair use is coming to an end with educated creators, and IFC is taking their side. There is already a coalition of lawyers ready to support the doc makers should studios decide to challenge fair use and Dutka hints that it might happen with Wanderlust or This Film is Not Yet Rated. While everyone would prefer for these corporate entities to start working in a fair and reasonable way, part of re-opening the fair use door (ask any doc maker working 15-20 years ago if they cleared every clip in a film…) is accepting the challenges when they are thrown down. But if you’ve read the Statement of Best Practices, you know that should they make a challenge and lose, they not only pay all of the legal fees, but they then set precedent in favor of fair use, which would further assist filmmakers who feel lost without legal precedent – a feeling they are capitalizing on to gain exhorbitant clearance fees.