Documentary film as a form was invented in this country, so we should pay special attention to the filmmakers' interests.
You are absolutely right: the anti-circumvention provisions in particular are a problem for documentary filmmakers. They're going to become a bigger problem as more content goes online and goes behind digital locks or other content-delivering mechanisms, which will include technological controls. So the anti-circumvention side is a problem.
The fair use or fair dealing side is an interesting challenge as well. Documentary filmmakers right now have to squeeze their dealings into one of the five currently enumerated exceptions, and it's not always easy to do. A good example would be a historical clip. It's being put in there for context and background. Is that criticism, is it review, or is it a private study? It's difficult.
I believe that documentary filmmakers were asking for fair dealing...for the categories to become illustrative as opposed to exclusive categories that qualify for the fairness analysis. Their plea went unheard. We got parody and satire, which are good as far as they go, and the educational fair dealing I think had some value as well, but documentary filmmakers' needs in this phase were ignored.