all footage © Christian Frei Filmproductions
DECLARATION OF FAIR USE
These excerpts from the documentary film “War Photographer,” directed by Christian Frei and copyrighted by Christian Frei Filmproductions, are here displayed, without possibility of financial gain to Miko Photo or its owner Miko Munden or damage to the continued marketability of the original work, for the purposes of commentary and education pursuant to 17 U.S.C. § 107.
Section 107 provides:
“Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —
1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.”
As this work is neither a parody nor a criticism of the original document but rather a video supportive of the creators’ arguments, Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 114 S.Ct. 1164, 127 L.Ed.2d 500 (1994) does not apply.
Rather, this work is believed to be, by Miko Photo and its owner Miko Munden, more likely to promote the marketability of the copyrighted documentary “War Photographer,” and its subject James Nachtwey as highlighted on the Miko Photo web log.
you pushing the limits does assess em every distance intense intense emotional heart heart heart heart the most incomprehensible a situation I've ever witnessed was Rwanda where I mean we don't really know how many people died an estimate of half a million to a million they were killed with very primitive weapons clubs and rocks and machetes face-to-face and I saw some massacre sites and I just do not understand how people can do that to each other what can inspire such fear in such hatred this is beyond my understanding really it's very difficult to get over that when the Hutu army and militia were finally defeated hundreds of thousands of Hutus fled into nearby Tanzania or Zaire a cholera epidemic swept through the refugee population in Goma and tens of thousands of people were being wiped out in in short order it just swept through the the camps and I realized that many of the people I were photographing might have been the very ones who had committed the massacres that I had witnessed just a few weeks before and it was like taking the express elevator to help you you you you