Brandon Butler @bb.usefairuse.com · Apr 30 This concluding paragraph should warm the hearts of all documentary filmmakers (and their lawyers!). The court is recognizing that a typical documentary film's use of archival clips is transformative and fair under the first factor.
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The second factor analysis is interesting, but (for good or ill) not that important in the overall analysis. It is nice that the court recognizes that there should be less protection for works that involve simply pointing a camera at an event as it unfolds.