Flashcards Studio

An independent filmmaker in the Philippines develops an online professional training module titled 'Editing for Documentaries' offered for a fee to subscribers. In Module 4, the module includes a 2-minute excerpt from a 65-minute documentary about a historical event, taken without a license. The excerpt is used to illustrate a specific editing technique and to provide the filmmaker's critical commentary on the original work; the module includes the filmmaker's own narration and analysis. The platform is password-protected and accessible only to paying subscribers. The rights holder of the documentary sues for copyright infringement. (a) Identify the fair use doctrine applicable under the Philippine IP Code and the governing test. (b) Apply the four-factor fair use test to the facts and determine whether the use qualifies as fair use. Explain briefly.