Aufderheide and Jaszi (2004)
|Aufderheide and Jaszi (2004)|
|Title:||Untold Stories: Creative Consequences of the Rights Clearance Culture for Documentary Filmmakers|
|Author(s):||Aufderheide, P., Jaszi, P.|
|Citation:||Aufderheide, P., & Jaszi, P. (2004). Untold stories: Creative consequences of the rights clearance culture for documentary filmmakers.|
|Link(s):||Definitive , Open Access|
|Key Related Studies:|
|Linked by:||Center for Social Media (2010)|
|About the Data|
|Data Description:||Researchers interviewed 45 documentary filmmakers, including people in charge of making creative decisions such as directors, editors, and producers. Researchers used a questionnaire to explore three areas: (1) problems in rights acquisition of completed projects; (2) rights problems that resulted in stalled or incomplete projects; (3) rights permissions and experience with unauthorized or inappropriate use of her or his own work.|
|Data Type:||Primary data|
|Secondary Data Sources:|
|Data Collection Methods:|
|Data Analysis Methods:|
|Cross Country Study?:||No|
|Government or policy study?:||No|
|Time Period(s) of Collection:||
This study explores the implications of the rights clearance process on documentary film making, and makes recommendations to lower costs, reduce frustration, and promote creativity. It focuses on the creative experience of independent, professional documentary filmmakers.
Main Results of the Study
• Rights clearance costs are high, and have escalated dramatically in the last two decades.
• Gatekeepers, such as distributors and insurers, enforce rigid and high-bar rights clearance expectations
• The rights clearance process is arduous and frustrating, especially around movies and music.
• Rights clearance problems force filmmakers to make changes that adversely affect—and limit the public’s access to--their work, and the result is significant change in documentary practice.
• Filmmakers, while sometimes seeing themselves as hostages of the “clearance culture,” also are creators of it.
• Filmmakers nonetheless exercise fair use, and imagine a more rational rights environment.
Policy Implications as Stated By Author
- The development and dissemination of models of “best practices” for the incorporation of preexisting copyrighted materials by documentary filmmakers, based on collective discussions by distinguished creators of the way in which they actually do and reasonably could use such materials, consistent with the law.* The establishment of one or more “legal resource centers” to provide free or low-cost defense to documentary filmmakers (and other creators) who have been sued for copyright infringement despite good faith reliance on fair use.
Coverage of Study
|Level of aggregation:||filmmakers|
|Period of material under study:||2004|