Battling Clearance Culture Shock: Comparing U.S. Fair Use and Canadian Fair Dealing in Advancing Freedom of Expression in Non-Fiction Film

Authors

• Sarah Sklar-Heyn, Benjamin N. Cardozo School of Law

Abstract

The note explores the tension between intellectual property rights and freedom of expression, particularly focusing on the challenges faced by nonfiction filmmakers in navigating copyright laws. It highlights how fair use and fair dealing doctrines in the U.S. and Canada serve as critical tools for balancing these competing interests. The analysis emphasizes the importance of flexible legal frameworks to accommodate the unique needs of documentary filmmaking, which often relies heavily on the use of preexisting works. The note also examines the potential for international harmonization of these doctrines to facilitate global distribution of audiovisual works.

Disciplines

Intellectual Property Law | Law | Legal History

Recommended Citation

Sarah Sklar-Heyn, Battling Clearance Culture Shock: Comparing U.S. Fair Use and Canadian Fair Dealing in Advancing Freedom of Expression in Non-Fiction Film, 20 Cardozo J. Int'l & Comp. L. 233 (2011).
Available at: https://larc.cardozo.yu.edu/cjicl/vol20/iss1/8