Outfoxed Doc

[Tom Plapper]

I enjoyed the doc "Outfoxed" and was wondering if the producer had to get permission and releases from Fox News to use the Fox on camera anchors or are they considered public figures and permission/releases are not needed. Thanks to all who reply.

 

[ESTEBEVERDE]

For a general discussion, please see the Fair Use and Privacy Rights thread.


But, according to several stories and quotes by Robert Greenwald, he used all of the clips without copyright permission under the Fair Use Doctrine and he did not get releases from those he OutFoxed either.

Fair Use is the lawful use of copyrighted material without permission. "This Film is Not Rated" employed this doctrine as well as reportedly filming people without releases. These were ordinary citizens who happened to work for the MPAA and were not even "infotainment stars" like Bill O'Reilly et al.

Since these people were an indispensables part of the documentary story, the filmaker exerted his First Amendment Rights asserting that the public interest trumped these individual's "privacy rights".

The courts have held that the Fair Use exception it is to be determined on a case by case basis if the use is challenged. There are standards that are being formulated and there is a quite serious movement at foot to protect our First Amendment Rights. You can get E&O insure from some of the largest insurance carries in the business if you follow the documentarian's best practices.

It's important to always keep in mind that "Legal information" and "Legal Discussions" are not the same as "legal advice" -- the application of law to an individual's specific circumstances. If you have the need for legal advice it is highly recommend you consult a duly qualified attorney if you want professional assurance that any information contained herein or elsewhere, and your interpretation of it, is appropriate to your particular situation.


As Always,Happy Filmaking and All the Best!

Estebe