Documentarians Robert Johnson Jr. and Diane Carson here append their initial Other People's Footage, a classroom-style presentation on how filmmakers—independent, low-budget ones especially—need not go into the poorhouse paying hefty fees to use pre-existing imagery, music, or trademarks. They are freed from such shackles thanks to legal concepts of "fair use" and "safe harbor" (the anything-goes notion of public domain appears to fall outside the discussion).
Anecdotal examples are offered (mostly but not always concerning non-fiction filmmaking). Director Rodney Ascher excerpted 30 percent of Stanley Kubrick's The Shining for his feature-length Room 237, an examination of obsessed-fan rumors and conspiracy theories on the iconic horror movie. Because Ascher was obviously not pirating and selling his own copies of the Stephen King property but creating a new narrative, it was fair use.
Similarly, Michael Moore impishly re-edited much ripped-off-the-airwaves news footage for his gadfly documentaries Bowling for Columbine and Fahrenheit 9/11 into reflected his own original op-ed. Free speech covers the other end of the political spectrum; the anti-evolution feature Expelled: No Intelligence Allowed scored a coup using John Lennon's "Imagine" as commentary, not to market a soundtrack album.
The legendary Haskell Wexler, filmed before his death, is among the interviewees. Betsy McLane, of the International Documentary Association, to the 2005 "Documentary Filmmakers' Statement of Best Practices in Fair Use" as helping free creators from oppressive pre-1970s restrictions (though nitpickers might point out earlier novelty filmmakers like Robert Youngson who also manipulated pre-existing material).
Alas, no one mentions the notorious case of the alt-rock band Negativeland and their repurposing of extant major-label music (subject of Craig Baldwin's 1995 documentary Sonic Outlaws). The presentation might have benefitted a bit more by citing examples of work that crossed the line and transgressed fair use/safe harbor. As it is, the filmmakers complain about over-enthusiastic admirers posting excerpts online minus their permission or the routine violations by CNN (who could certainly afford licensing fees or at least an onscreen notice of copyright.
Law colleges and collections tangential to film schools will want the Other People's Footage series on their witness stands. For mainstream shelves, it might be judged a little bit specialized. (Aud: C)