Though documentary films have told many stories over the years, the story of documentary-makers' difficulty in obtaining and using copyrighted material has not frequently been covered. However, on Nov. 8, the AU Center for Social Media addressed issues like the high costs, high frustration and high risks filmmakers must endure in creating films due to current copyright restrictions.
A panel of lawyers, filmmakers and professors commented on the industry and the recently released report, "Untold Stories: Creative Consequences of the Rights Clearance Culture for Documentary Filmmakers," at the Washington College of Law.
Director Jeff Tuchman spoke of abandoning projects due to the costs of copyrighted material. He said he often felt like he was being told, "Wow, what a fabulous idea, but there's not a chance in hell you'll have the money to get the rights."
"You don't attempt what's not possible," Tuchman said.
Panelist Joseph Turow, a professor at the University of Pennsylvania, said copyright laws are problematic.
"I am extremely concerned about the future of academic work, not just for filmmakers," Turow said. "The current copyright laws are inhibiting the circulation of knowledge."
Michael Madison, another panelist and professor at the University of Pittsburgh College of Law, said some people take copyright laws too far.
"The idea that copyright owners own material like they own a house is just wrong," Madison said.
Moderators Peter Jaszi, a WCL professor, and Patricia Aufderheide, School of Communication professor, authored a 35-page report that exposes the situation and also offers some solutions.
"We should not give up on the fair use doctrine yet. It is possible to make more use of the fair use doctrine, to use it as a shield, even as a sword," Jaszi said. "There needs to be a clear articulation of best practices to encourage filmmakers to use fair use and to discourage copyright owners from threatening lawsuits."
Documentary producer Jim Gillian also spoke as a panelist and talked about a Fox News project in which he had to track down information from third-party sources.
After the discussion, panelist and documentary producer Grace Guggenheim said that the panel was informative.
"As a filmmaker, it made me feel comforted that this is an issue that is being brought to the surface," she said. "In order to continue to make films and preserve our livelihood, we need to stay educated on these issues."
Currently, Guggenheim cannot publicly release a documentary her late father produced due to the non-cooperation of a single copyright owner.
Aufderheide said she thought the event was a success.
"It was really exciting to see people from different areas of expertise pool their knowledge, talents and curiosities together. It was a collaboration that brought many different realms together," she said. "We need to protect ourselves from the possible ramifications of copyright laws and to be aware of new outlets that may emerge to help us."
Jaszi agreed.
"It was a wonderful event and I am looking forward to the next stage of the project," he said.
The next stage of the project, according to Aufderheide, is that "we need to work on a statement of best practices for people in the industry. We are articulating what the real problems the students we teach will face."
Anges Varnum of the Center for Social Media also said she enjoyed the discussion. "Everything went fantastically well. We were very pleased with the outcome," she said.
A film screening of the documentary "Stories Untold" by B. Maher played at the start of the panel.
Jaszi and Aufderheide's entire report, "Untold Stories: Creative Consequences of the Rights Clearance Culture for Documentary Filmmakers," is available at www.centerforsocialmedia.org/rock/index.htm.
