By hiring from a list of approved "clearance counsel": Michael C. Donaldson and Lincoln Bandlow of Los Angeles; Anthony Falzone of the Fair Use Project at Stanford Law School; F. Robert Stein and Stephen Sheppard of New York; and Dan Satorius of Minneapolis, documentary filmmakers can buy fair use insurance from Chubb covering usage of unlicensed film clips.
Story from the International Documentary Association here.
More on 17 USC 107, copyright law's fair use doctrine here.
http://www.dunnington.com/rdowd_bio.html
Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here
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