An Afternoon in the Darkroom: Marc McClish prints for James Nachtwey
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.
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.