Reality Check Forum 2025 / Legal Clinic

Fair Use and Licensing:

Use of Archival Content in the Post-Warhol Era

Dale Cohen, Director, UCLA Documentary Film Legal Clinic

Loralee Sundra, Associate Director, UCLA Doc Film Legal Clinic

This presentation will provide an overview of fair use principles, with a focus on real-world examples, recent trends – including the current Supreme Court case involving Andy Warhol’s portrait of Prince — and guidance on how filmmakers can best make use of third-party content in their films. The discussion will also cover the licensing process and its potential pitfalls.

Associate Director, UCLA Doc Film Legal Clinic

Loralee Sundra is the Associate Director of the Documentary Film Legal Clinic at UCLA School of Law. In addition to full time Clinic instruction, Loralee leads the Clinic’s documentary filmmakers’ legal education program with a focus on expanding the Clinic’s pro bono outreach in collaboration with film festivals and media organization events. Prior to joining the Clinic in January 2021, Loralee practiced media and entertainment law for twenty-three years with the boutique firm of Leopold, Petrich & Smith, and, more recently, as a member of the nationally recognized Media & Entertainment group of Ballard Spahr LLP. Loralee is a member of the Archival Producers Alliance Generative AI Initiative Advisory Board and, in addition to her Clinic instruction, Loralee teaches media law courses at UCLA Extension, and regularly leads presentations on topics in media and intellectual property.

Director, UCLA Documentary Film Legal Clinic

Dale Cohen is Director and founder of the UCLA Doc Film Legal Clinic, where he leads a group of student-clinicians providing pro bono counsel to documentary filmmakers on a wide range of content issues, including vetting of films for copyright/fair use issues, and production counsel on all matters that filmmakers may encounter. Dale is a frequent speaker at media and entertainment law conferences and film festivals and also teaches a Media Law class at UCLA Law. He is co-author of leading textbook Media and the Law (2d Ed. Carolina Press).

Dale has also served as Special Counsel to Frontline, the award‐winning PBS documentary series, for nearly a decade. His extensive experience as a media lawyer, litigator and news executive includes positions at Radio Free Europe/Radio Liberty, NPR, Cox Enterprises, Inc. and Tribune Company. Dale was also a litigation partner at the law firm of Sonnenschein Nath & Rosenthal (now Denton’s) in Chicago.