Documentary Film Program

To learn more about Stanford's MFA Program in Documentary Film, click here.

Expelled Is Absolved

by Anthony Falzone, posted on October 6, 2008 - 8:07pm.

After both the state and federal courts rejected the attempts of Yoko Ono Lennon and EMI Records to enjoin the showing of Expelled: No Intelligence Allowed on the ground it used a 15-second fragment of John Lennon's Imagine, all of the plaintiffs in both cases have now withdrawn their claims and dismissed their cases.

This is the right result to be sure. There should never have been any doubt the filmmakers who were sued here had every right to use a short segment of a song for the purpose of criticizing it and the views it represents. But the right result came far too late. The mere pendency of these cases caused the film's DVD distributor to shy away from releasing the full film -- the version that includes the Imagine segment. So the film goes out on DVD on October 21 in censored form, illustrating the damage that even an unproved and unsupported infringement claim can do.

At the same time, the result here -- great but imperfect -- is a fantastic lesson in how we might start to solve the fair use dilemma. We launched the Documentary Film Program with Media Professional Insurance and Michael Donaldson to help solve a critical problem: fair use rights are expensive to use because they require lots of lawyer time. Media Pro took the visionary step of insuring fair use risks. We and Donaldson agreed to mediate these risks by vetting the fair use issues ahead of time. (We do it for free; Donaldson has to make a living.) Donaldson reviewed Expelled, and Media Pro insured it. When its producers got sued, we agreed to defend it pro bono, alongside the producers' regular counsel at the Locke Lord firm. Together we won, kept the cost to Media Pro minimal, and thus demonstrated that the fair use problem can be solved, in many (but perhaps not all) cases by teamwork like this.

I'm proud to have been a part of it.

Court Holds Producers Of Expelled Are Likely To Prevail On Fair Use Defense; Rejects Yoko Ono Lennon's Injunction Request

by Anthony Falzone, posted on June 2, 2008 - 1:43pm.

We're happy to report that the Court rejected Yoko Ono Lennon's request to enjoin the further showing and distribution of Expelled. In a twenty-three page memorandum opinion and order issued today, the Court held that the producers and distributors of Expelled are likely to prevail on their fair use defense and denied Plaintiffs' motion for a preliminary injunction in its entirety. Read the full opinion here.

River of Renewal

Klamath River, by Clinton Steeds
Synopsis: 

The American Indian Film Festival has honored River of Renewal by choosing it for the festival's opening night. The World Premiere will occur Friday, November 7th at 7:00 pm at the Landmark Embarcadero Center Cinema, One Embarcadero Center, San Francisco. Advance Tickets are available through the American Indian Film Festival (415) 554-0525.

The documentary film River of Renewal tells the story of the crisis in the Klamath Basin where competing demands for water, food, and energy have pitted farmers, American Indians, and commercial fishermen against each other. Remarkably, this conflict over resources has led to a consensus for conservation. The outcome may be the largest dam removal project in history and the restoration of a once vital river basin.

Will the future witness the extinction of salmon in what was once North America's third greatest salmon-producing river? Or the restoration of the Klamath as a home for life?

River of Renewal shows one of the great rivers of America in crisis while telling the story of a "sidewalk Indian" who discovers his roots among the Klamath River tribes. Jack Kohler comes to the mouth of the Klamath River to make a film about the 1978 Salmon War, the subject of a play in which he had acted as a Yurok gillnetter. Then an event occurs at the headwaters that brings the conflict over salmon into the 21st century. Farmers protest the federal cut-off of irrigation water due to a judge's ruling under the Endangered Species Act to protect three fish species, including coho salmon. In Klamath Falls, Oregon in May, 2001, Kohler observes civil disobedience by farmers in violation of federal law. Bypassing the ESA, the Bush Administration orders the unlimited release of water to farmers in 2002. Later that year, 80,000 spawning salmon die in the Klamath estuary. That disaster leads to the collapse of the salmon fishery off the California and Oregon coasts several years later. The polarization of Klamath Basin communities gives way to conflict resolution and consensus building in view of the potential decommissioning of Klamath Basin hydroelectric dams that cut salmon off from hundreds of miles of spawning habitat. Recognizing that their livelihoods all depend on the health of the river, stakeholders who had been antagonists agree to share the water and to demand the removal of the dams.

Klamath River photo by Clinton Steeds: http://www.flickr.com/photos/cwsteeds/1534860001/

BLAST!

Synopsis: 

Prepare for an exciting, enlightening ride around the world and across the Universe!

Acclaimed filmmaker Paul Devlin's brother, Mark Devlin, PhD, leads an international team of astrophysicists from the Arctic to the Antarctic to launch a revolutionary telescope on a NASA high-altitude balloon. No less than the origins of the Universe are at stake on this risky scientific adventure that seeks to answer humankind's most basic question, How did we get here?

Mark and his tenacious team get personal, philosophical, even religious as BLAST! reveals the human side of scientific pursuit – enormous sacrifices, maddening incongruities, catastrophic failures and transcendent triumphs.

Trailer or Clip: 

Substantive Tags: Fair Use Project

Anita O'Day: The Life of a Jazz Singer

Synopsis: 

The film is the first, definitive documentary on the life of the legendary jazz vocalist. In Anita's own words, we hear the tale of a musical genius who broke race barriers and lived her life boldly, unconventionally without ever looking back. She overcame great adversities including a 15 year long heroin addiction, rape, and alcoholism. Anita's life epitomized the story of survival by a female American master.

The film showcases rare and never before seen vintage performances and archival interview footage where Anita speaks candidly with television icons who include Dick Cavett, Bryant Gumble, David Frost and Harry Reasoner. The film also includes interviews from vocalists Annie Ross and Margaret Whiting, Jazz Impresario George Wein, award winning arrangers, including Johnny Mandel, Bill Holman, Russell Garcia and many others. Other interviews include actor/producer John Cameron Mitchell, acclaimed writers Jim Gavin and Will Friedwald and other friends from different times in Anita's life. It is a tribute to the singer, considered by many one of our Country's rare, national treasures.

View Trailer

Substantive Tags: Fair Use Project

Ask Not Premiering at San Francisco International Film Festival

by Anthony Falzone, posted on April 1, 2008 - 9:04am.

Johnny Symon's compelling critique of the military's "Don't Ask Don't Tell" policy, Ask Not, is premiering at the San Francisco International Film Festival. It provides a thoughtful and poignant look at both the origins and consequences of this policy that institutionalizes discrimination against the very people who fight so bravely to defend our freedom and the rights of others. See below for showtimes.

Substantive Tags: Fair Use Project

Ask Not Examines "Don't Ask Don't Tell"

Synopsis: 

Ask Not is a rare and compelling exploration of the U.S. military’s “Don’t Ask, Don’t Tell” policy. The film exposes the tangled political battles that led to the discriminatory law, and profiles charismatic young activists determined to abolish it. As wars in the Middle East rage on, Ask Not reveals personal stories of gay Americans who serve in combat under a veil of secrecy.

Substantive Tags: Fair Use Project

The Life Penalty

Synopsis: 

How did a rebel public defender from Boulder, Colorado, throw a monkey wrench into America’s "death machine"? Slip into a juror’s seat as David Wymore and other nationally recognized criminal defense attorneys bring their fight against the death penalty to the front line: the courtroom.

Casting a revelatory and often uncomfortable light on our justice system, The Life Penalty shakes the ethical and moral foundations of capital punishment in the contemporary United States. Featuring two Bob Dylan songs including the never before released "Ballad of Donald White".

Substantive Tags: Fair Use Project
Free tags: death penalty

The Powder & The Glory

Photos courtesy Helena Rubinstein Foundation and Elizabeth Arden Archives.  Montage by Matt Garneau, Rampion Visual Productions.
Synopsis: 

The Powder & the Glory tells the story of two of the first highly successful women entrepreneurs in America, Elizabeth Arden and Helena Rubinstein. One hundred years ago these women immigrated to the United States and, starting with next to nothing, created what is today the $150 billion global health and beauty industry. They lived and worked only blocks apart but by design they never met. They were fierce rivals.

Substantive Tags: Fair Use Project

Recut, Reframe, Recycle

by Anthony Falzone, posted on January 2, 2008 - 11:04am.

Pat Aufderheide, Peter Jaszi and their colleagues at American University's Center for Social Media have released a fantastic new study on creativity on the web -- and the threat that overly-aggressive copyright enforcement and so-called "anti-piracy" software pose to free speech.

Read the full study here, and view a slew of videos that represent the creativity that digital media has unleashed.

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