The most common question of fair use in PBS type documentaries is visual clips. On November 18, 2005, the Association of Independent Video and Filmmakers, public TVs Independent Television Service and many distributor groups have defind 4 situations when a producer, under the fair use provisions of copyright law, need not pay for a film clip, photo or snatch of music. While the statement does not carry the weight of law, it is a guideline consistant with both recent court rulings, and cases where a producers fair use was not challenged by rights holders.

1. "Employing copyrighted material as a object of social, political or cultural critique". Whether direct commentary or parody.

2. "Quoting copyrighted works of popular culture to illustrate an argument or point" Originality of thought applies here to re-purpose media, perhaps a song is more than just words, if it captures a mood of the times.

3. "Capturing copyrighted media content in the process of filming something else" In advertant applies here, for example a painting hanging on the wall behind a person in an interview, or radio music wafting into a scene showing people in their home.

4. "Using copyrighted material in a historical sequence" Where the material is essential to tell an historical fact and there is no suitable substitute.

However all of these cases assume a very limited use of the material, and except for (3) proper attribution to source or owner. These are in no way the exclusive instances of fair use, and additionally they do not prohibit the producer from seeking rights to material at a reasonable cost that arguably could be used free.

Steve Behrens wrote an extensive article for Current, the public broadcasting magazine, and it is well worth the time to read the complete story.