Copyright issues are top of mind for documentarians. It is the basis on which artists are compensated for their work. Furthermore, issues of piracy are a grave concern for all filmmakers, documentary makers included.
But documentary makers are in a unique position: they claim copyright to their work of course, but also require access to the work of other creators to produce their documentaries. DOC has championed a balanced approach to copyright by championing Fair Dealing for documentary makers.
Inspired by the pioneering work done in the US by the Center for Social Media, DOC undertook to craft a legal framework addressing questions of documentary production and copyright. After consultation with the documentary community and seeking legal counsel, DOC published its Fair Dealing and Documentary Production guidelines in 2010. We followed this up in 2011 with a cross-country “roadshow” bringing together directors, producers, visual researchers, insurance brokers, broadcasters and even insurance underwriters to develop a set of best practices around the Canadian Fair Dealing principles and documentary production.
Ahead of the Copyright Modernization Act, adopted in June 2012, DOC crafted a Documentary Amendment seeking to have the Bill recognize the unique circumstances documentary filmmakers find themselves in having to access content. Although unsuccessful in having the Amendment included in the Bill, DOC continues to work tirelessly to inform, educate and convince lawmakers of the balanced and well-founded approach guiding the organization’s position on this matter.