This study conducted by Pat Aufderheide and Peter Jaszi of American University's Center for Social Media describes the adverse effects of more stringent copyright and licensing laws on documentary filmmakers. Aufderheide and Jaszi interviewed 45 professional documentary filmmakers in their study. As a result of these interviews, the team found a series of common problems in the rights clearance process: escalating costs, an arduous process and self-censorship as a result. While these filmmakers are seen as hurt by copyright laws, they also understand that they would like their own work to be copyrighted, and in the end do not want to do away with rights clearances, but want to make the process more rational. The report also details the next steps that should be taken to facilitate the clearance process and build greater awareness of filmmakers' use rights.

As a follow-up to their exploratory report of the effects of copyright restrictions on documentary filmmakers, Pat Aufderheide and Peter Jaszi have collaborated with a group of filmmakers, lawyers and other experts to create a statement of best practices for claims of fair use in documentary filmmaking. This statement will help guide filmmakers in their claims of fair use, and help inform them what material is within their bounds. This statement of best practices will help standardize the process of seeking and obtaining rights in the documentary film world, and assist in helping filmmakers make legally informed decisions. According to the statement, documentary filmmakers should be afforded the same rights as cultural and historical critics in print media.

Documentary filmmaker Brigid Maher created this short film Stories Untold to accompany the arguments made in Peter Jaszi and Pat Aufderheide's report Untold Stories: Creative Consequences of the Rights Clearance Culture for Documentary Filmmakers. This link is a transcript of that film. A link to the streaming, broadband version of the film is available here in streaming .mov format. Speaking with documentary filmmakers, Maher gives the viewer a first-person look at the hardships of fair use clearance. In this film, it is readily apparent that even the simplest video clip or shortest song may cause a myriad of problems for filmmakers.

The struggle between documentary filmmakers claiming fair use and companies claiming copyright is not new. However, the tension between these two camps has been increasing in recent years. Filmmakers warn that the increasing difficulty of rights clearance will threaten the livelihood of documentary filmmaking as well as the health of the public domain. However, these same filmmakers rely on copyright to protect their works. The article details the rise of Intellectual Property laws in the past 20 years and the changing face of archive houses. After highlighting the situation, the article also offers up potential solutions that filmmakers are beginning to implement.

Spurred on by the publication of the Aufderheide and Jaszi report, Matt Dunne explores the strugglers of documentary filmmakers trying to fund their projects in this article. Dunne expresses the growing frustration in the documentary community at having to face large fees and mountains of paperwork before releasing a film. Dunne also notes that the commercial success of some recent documentaries such as Fahrenheit 9/11, may make the position of documentaries in the legal realm even more precarious. As the difficulties rise for filmmakers, Dunne draws a parallel to recent music lawsuits and the increasing difficulty of fair use claims for academic books.