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Fair Use is the right, in some circumstances, to quote copyrighted material without asking permission or paying for it. It is a crucial feature of copyright law. In fact, it is what keeps copyright from being censorship. You can invoke fair use when the value to the public of what you are saying outweighs the cost to the private owner of the copyright.

http://www.centerforsocialmedia.org/sites/default/files/fair_use_final.pdf

For your reference, here is a link to some examples of successful fair use in documentary film making.

http://www.centerforsocialmedia.org/fair-use/related-materials/teaching-materials/examples-successful-fair-use-documentary-film

Here are more successful ways to use copyrihgted materials in your documentary.

copyrighted*

Each source used by the documentary would have to be evaluated on a case by case basis to see first if there is an enforceable copyright, ie, whether is falls in the public domain. If a copyrihgts exists, you can only use it if your use falls within the fair use exception.

Copyright is granted upon creation of a work. Those rights cannot usually be enforced until registering with the US Copyright Office. If the images were streamed live to a public website, it may be public domain. But the broadcast may still have rights. Without getting into litigation, its difficult to tell. But your best bet would be to secure thier permision. Otherwise, the exceptions for fair use are ambiguously defined by the courts so there is no clear standard to follow. Hence, the examples of successful fair use in documentary film making.

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