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Fair Use for Documentary Filmmakers
What exactly is Fair Use and when is it fair to use it?
The Documentary Filmmakers' Statement of Best Practices in Fair Use was published in 2005 by a consortium of independent media organizations, including Women in Film and Video/DC, the International Documentary Association, the IFP and the National Alliance of Media Arts and Culture. The Statement makes recommendations for the fair use of copyrighted material when making documentary films. This panel will review these recommendations and their practical applicability, and will explore the issues and risks facing documentary filmmakers in the area of fair use.
Rachael T. Krueger (moderator) is an attorney currently pursuing an advanced legal degree at NYU School of Law in the areas of intellectual property and entertainment law. After spending four years at the law firm of Dorsey & Whitney LLP, she now works as a legal analyst for a major legal publication in the areas of copyright and trademark law. She also assists independent film producers with legal work and with music supervision.
Laura Fleury is the Senior Director of Non-Fiction and Alternative Programming at A&E, responsible for the 'justice' programming area, as well as other non-fiction series and specials. She is executive producer for the SWAT franchise, The First 48, the Emmy-nominated Cold Case Files, City Confidential and American Justice. She has developed and produced numerous specials and is preparing to launch the new series Confronting Justice later in 2007. She is a member of the development team that launched the 'real-life series' genre on A&E. Previously, Fleury served as Director, Documentary Programming at A&E and prior to that, as a Supervising Producer for a number of A&E's documentary specials and series.
Barbara T. Hoffman is in private practice in New York City, specializing in art, entertainment and international intellectual property law. Hoffman has represented television and film producers, including documentary filmmakers, and has been involved in international co-productions. She also represents visual artists and photographers. In the precedent setting Ringgold vs. BET involving art in film, she represented Ringgold. Hoffman is the author of numerous articles on fair use and is the immediate past chair of the International Bar Association Committee on Art Law as well as an arbitrator for the American Film Marketing Association. (www.hoffmanlawfirm.org)
Thea J. Kerman has over 25 years of legal experience in the entertainment, publishing, merchandising, toy and licensing industries, providing financial, production counsel and other services for studios, broadcast and cable networks, as well as independent films and international co-productions. She has represented producers, writers, directors, performers, cinematographers, film editors, other below the line personnel, production executives, sales agents and talent agencies. She is the author of articles on protecting original ideas and on acquiring rights to properties. Prior to establishing her firm in 1990, Kerman was Senior Production Counsel for Tri-Star Pictures in Los Angeles. Earlier she served as General Counsel for the Marvel Comics Group.
Lesli Klainberg founded the production company, Orchard Films, with Lisa Ades, in 2000. They have produced documentaries for PBS, A&E, AMC and IFC, with Indie Sex: The Series, premiering on IFC in July 2007. Other Orchard productions include Fabulous! The Story Of Queer Cinema, In The Company Of Women, Beauty In A Jar, Are You Comfortable?, Directed By Alan Smithee, Miss America and Indie Sex: Taboos. Ms. Klainberg is also the producer of Paul Monette: The Brink Of Summer's End and served as series producer of Showtime’s documentary series The 20th Century. She also produced The Real Ellen Story and received a Cable Ace Award as Supervising Producer of HBO’s Mo' Funny: Black Comedy In America.
Laura Malone, Vice President and Corporate Counsel at Getty Images, joined the company’s Seattle office in 2000 and moved to the New York office in 2003. Her specialty is intellectual property, with a focus on copyright, privacy and publicity rights, as she works to acquire, protect and license intellectual property. Malone is involved in the Picture Archive Counsel of America (PACA), and is a member of the Copyright Society of America. A former actress, she became General Counsel for a small video production and recording company, Mirimar Images, in 1994. She was in private practice from 1996 until she joined Getty Images.
Stacie O’Beirne, Vice President, DeWitt Stern Group, started her insurance career in 1983. In 1986, she became an entertainment insurance broker, handling insurance for individuals and corporations. In 1989, she joined Albert G. Ruben & Co. (Now Aon/Albert G. Ruben), focusing on Production Coverage and Errors & Omissions Coverage for film and television. Clients have included Twentieth Century Fox, New Line Cinema, Buena Vista Pictures and ITC Entertainment. For over seven years she was Account Director for Time Warner Inc. and their many divisions, servicing aspects including annual marketing, coverage reviews, claims analysis and loss reports. She is currently Vice President at DeWitt Stern Group, overseeing all aspects of film, television, advertising and media accounts.
Mar 20, 2007 
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