Documentary filmmakers are granted an exemption to the 1998 Digital Millennium Copyright Act by the US Copyright Office that makes fair use of third party content in a documentary production legal.
The ruling allows documentary directors to obtain short portions of material from DVDs, even when that material is behind encryption and other digital locks for any non-infringing use in a documentary. That includes copying public domain materials and to make fair use of other material contained on such DVDs for use in a documentary. This procedure was considered a crime under the Digital Millennium Copyright Act of 1998.
Documentary filmmakers can now take advantage of this exemption through October 2012, when the next DMCA rule-making will take place and the filmmakers' exemption will be up for renewal.
For more details, please visit International Documentary Association (IDA).
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