Documentary Filmmakers Find Freedom From 'Clearance' Hurdles Thanks to Initiative by Media/Professional Insurance and Leading La
27 Febbraio 2007 - 5:00PM
PR Newswire (US)
BEVERLY HILLS, Calif., Feb. 27 /PRNewswire/ -- One of the most
daunting economic hurdles for documentary filmmakers now has a
solution. Media/Professional Insurance is teaming with top
intellectual property lawyers and the Stanford Law School Fair Use
Project to enable filmmakers to insure against claims arising out
of "fair use" of copyrighted material. The initiative was announced
at the International Documentary Association's 25th Annual
Celebration of Academy Award Documentary Nominees, in Beverly
Hills, during last week's run-up to the Oscars. Media/Professional
Insurance, a leader in media and entertainment liability coverage,
has developed a policy endorsement that explicitly allows
documentarians to rely on "fair use" without jeopardizing coverage.
Insurers and film distributors typically require producers to
obtain specific permission for use of copyrighted material in a
film. Licensing copyrighted material, however, can be prohibitively
expensive, or impossible, for new or independent filmmakers -- an
economic barrier that seriously hinders freedom of expression. The
Fair Use Doctrine provides that use for the purposes of criticism,
comment, news reporting, teaching, scholarship or research is not
an infringement of copyright. "Documentary films are an important
source of education, commentary and criticism. Rigidly requiring
licenses or releases in all cases does not give filmmakers the
flexibility to take advantage of 'fair use' in appropriate
situations," said Leib Dodell, president of Media/Professional
Insurance. "This initiative makes 'fair use' work in the real world
of independent filmmakers." "This is a breakthrough for independent
voices in film," said diane estelle Vicari, an award-winning
documentary filmmaker who announced the initiative in her role as
president of the International Documentary Association. "People
involved in documentaries know that obtaining licenses for even the
smallest excerpts can add up to hundreds of thousands of dollars to
a budget. When a film offers social commentary, corporate owners of
copyrights can refuse altogether. The result is that important
films may not be made at all, or they are weakened cinematically.
We are so pleased to see Media/Professional step forward to address
the need for help with 'fair use.'" The initiative was suggested to
Media/Professional Insurance by Michael Donaldson, a leading
intellectual property and entertainment lawyer, as well as General
Counsel for Film Independent and past president of the
International Documentary Association: "Fair use has been accepted
legally for more than a century, because free expression is one of
our most important values. Creativity, critical analysis, and
cultural critiques are fostered, and sometimes only possible, when
filmmakers can use otherwise copyrighted material. We're not
pushing the envelope legally -- fair use is always limited and
provides protection for copyright holders." Dawn Hudson, Executive
Director of Film Independent, commented: "One of Film Independent's
objectives is to provide filmmakers with access, and this
initiative will further enable our members and all filmmakers."
Some examples of documentaries that have used copyrighted material
as a crucial cinematic tool: -- "This Film Is Not Yet Rated," a
critique of the MPAA movie rating system. -- "Smoke and Mirrors: A
History of Denial," a look at the tobacco industry and health
risks. -- "Who Killed the Electric Car?" which examined industry
opposition to electric cars. In each of these documentaries,
filmmakers created a historical narrative that criticized powerful
interests, who were unlikely to give permission for the use of
copyrighted excerpts. Without the clips, these documentaries would
have been less effective or would not have been made. Legal note:
The Fair Use Doctrine, written into the Copyright Act and developed
in case law, permits limited use of excerpts from films, or of
video clips, if that use meets the "fair use" guidelines. U.S.
courts have assessed whether the reproduction of excerpts is "fair"
based on broadly defined factors such as the purpose and character
of the use, for example in criticism or commentary; the nature of
the copyrighted original; the amount of the portion used in
relation to the copyrighted work as a whole; and the effect of the
use on the market or value for the original work. About Media/Pro
Media/Professional Insurance (M/PI), based in Kansas City, Mo., is
the nation's largest provider of media liability insurance and a
leading market for cyberspace liability and miscellaneous
professional liability insurance. M/PI is part of Aon Underwriting
Managers, a division of Aon Corporation. About Aon Aon Corporation
(NYSE:AOC) (http://www.aon.com/) is a leading provider of risk
management services, insurance and reinsurance brokerage, human
capital and management consulting, and specialty insurance
underwriting. There are 43,000 employees working in Aon's 500
offices in more than 120 countries. Backed by broad resources,
industry knowledge and technical expertise, Aon professionals help
a wide range of clients develop effective risk management and
workforce productivity solutions. This press release contains
certain statements related to future results, or states our
intentions, beliefs and expectations or predictions for the future
which are forward-looking statements as that term is defined in the
Private Securities Litigation Reform Act of 1995. These
forward-looking statements are subject to certain risks and
uncertainties that could cause actual results to differ materially
from either historical or anticipated results depending on a
variety of factors. Potential factors that could impact results
include: general economic conditions in different countries in
which we do business around the world, changes in global equity and
fixed income markets that could affect the return on invested
assets, fluctuations in exchange and interest rates that could
influence revenue and expense, rating agency actions that could
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permit continuous sales of our supplemental Medicare health
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from actuarial estimates. Further information concerning the
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DATASOURCE: Media/Professional Insurance CONTACT: Mike Enos of
Media-Professional Insurance, +1-816-292-7234, ; or Al Orendorff of
Aon Corporation, +1-312-381-3153, Web site: http://www.aon.com/
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