World's Fair Corporation - Executive Committee Meeting Reports - 08-15-1963
World's Fair Use Day: Aufderheide on Best Practices
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COPYRIGHT & FAIR USE: BEST PRACTICES Pat Aufderheide Center for Social Media American University
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The Best Practices in Fair Use model has changed industry practice, expanded the creativity of communities of practice, and made clear that fair use is not a murky part of US copyright law but a vibrant, useable and essential balancing feature to copyright ownership.
Transcript of World's Fair Use Day: Aufderheide on Best Practices
COPYRIGHT & FAIR USE:
BEST PRACTICES
Pat Aufderheide Center for Social Media American University
THE PURPOSE OF
COPYRIGHT
ONE PURPOSE:
TO PROMOTE THE CREATION OF CULTURE
By:
•Rewarding creators with limited monopoly
• Encouraging new makers to use existing culture
WHY BALANCE?
• All culture createdAll culture createdon existing culture on existing culture (we used to know that)(we used to know that)
• The First Amendment The First Amendment (no censorship)(no censorship)
“Standing on the shoulders of
giants.”
HOW WE FORGOT BALANCE:• Copyright term
extension
• Default copyright
• Punishing penalties (statutory damages)
• Large content holders’ aggressive tactics
The Escape Hatch!FAIR USE:
FAIRFAIR USEUSE •Legal, unauthorized use of Legal, unauthorized use of copyrighted material—under some copyrighted material—under some circumstancescircumstances
•FlexibleFlexible
•BroadBroad
•AdaptableAdaptable
INDIVIDUALS FEAR…
• Will I get it wrong?
• Will I get sued? $125K+ per infringement!!)
• Will my boss/librarian/client get angry?
BEST PRACTICES
EDUCATION• Knowledge of the law
• Awareness of problem
• Define interpretation of fair use
COMMUNITIES DEFINE FAIR USE FOR THEMSELVES
• Documentary filmmakers
• Film scholars
• Media literacy teachers
• More
STORIES UNTOLD STORIES UNTOLD
Creative Creative consequences consequences of the rights of the rights clearance clearance culture for culture for documentary documentary filmmakersfilmmakers
DOCUMENTARYFILMMAKERS
RESULTS• Broadcasters program films
• Cablecasters program films
• Filmmakers develop new kinds of projects
• Television/web companies expand their plans
• All insurers of errors and omissions insurance now accept fair use claims
ENGLISH TEACHERS
MEDIA LITERACY CATEGORIES
• Classroom teaching
• Producing texts
• Publishing texts online/print
• Student projects
• Students posting/publishing their work
RESULTS• Teachers share syllabi, curriculum
• Work is published using the code
• School districts adopt code
• Code used for national student contests
• Other teachers want to know how they can employ fair use
ONLINE VIDEO
ONLINE VIDEO CODE• Comment/critique
• Illustration/example
• Accidentally/incidentally
• Preserve/recall
• Discuss
• Collage (Remix)
RESULTS
• Google funds video on the Code
• Plethora of YouTube “citations”
• Continuing stream of users to website
• Use in K-12, film schools, contests
OTHER COMMUNITIES AND CODES
• OpenCourseWare
• Archivists
• Film/media scholars
COMING SOON!
•Librarians
•Poets
•Communications scholars
CHALLENGES TO COME
• Extending the model (music, literature)
• Publicizing the model
• DMCA issues
• International congruence
CORE CONCEPT
People can act together to make fair use more useable
Or…..
PRACTICE MAKES
PRACTICE
Please feel free to share this presentation in its entirety. For excerpting, kindly employ the principles of fair use.
CONTACT INFO
Pat Aufderheide Center for Social MediaSchool of Communication American University Washington, DC [email protected]
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