I picked up a dvd on fair use for doc filmmaking at NBFF. Haven't had a chance to look at it yet, but there is a website as well with resources (which I also haven't had time to look at).

I think this is an issue in the Expelled lawsuits, and likely something that involves other docs as well.

Thanks for mentioning this, Darrel. I looked over the document at the website, and it certainly appears that the rationale used by the makers of Expelled falls within this definition of "fair use."