In May 2024, we filed an amicus brief urging the Tenth Circuit to rehear Whyte Monkee Productions v. Netflix. The previous decision was disastrous for documentary filmmakers, historians, and anyone else who uses photographs, movie clips, or other works as historical reference points or for illustration. That’s because the court previously took the position that fair use generally disfavored uses that didn’t directly comment or criticize creative aspects of the underlying work. This meant that all sorts of common uses that engaged with the subject of an underlying work rather than its artistic content were now in jeopardy. It came…