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Copyright and Fair Use: The Best Practices Model
Pat AufderheideCenter for Social Media, School of Communication, American University Peter Jaszi Washington College of Law, American University
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Why Teachers and Librarians Have More Freedom to Work
than They Think
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Two words:
Fair Use
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Creativity as a collaborative act (unlike the romantic cliché of the suffering lonely genius)
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Fair Use is the escape hatch from private censorship in
copyright
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Purpose of Copyright:
To promote the creation of culture
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By:
•Rewarding creators with limited monopoly• Encouraging new makers to use
existing culture
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Why balance?
• All culture created on existing culture (we used to know that)
• The First Amendment (no censorship)
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Imbalance!
• Copyright term extension
• Default copyright
• Large copyright holders’ anti-piracy tactics
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GOOD NEWS…• Judges love balancing features• Supreme Court denies term
extension because there’s fair use
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Fair Use:
• The right to use copyrighted material when the benefit to society is greater than the harm to the owner
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Huh?
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Judges ask:
• Did you transform the use?
• Did you use the appropriate amount to satisfy the transformative use?
Or, thumbnail:
• Did it hurt the original market?
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Decades of misinformation
• Digital copyingCorporate fear of piracy
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Education
• Knowledge of the law
• Awareness of problem
• Articulation of consensus around fair use
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Communities define fair use for themselves:
• Documentary filmmakers
• Film scholars
• Online video makers
• Media literacy teachers
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Enter…
…the scholars.
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Doc
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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
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Film scholars
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Online video
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English teachers
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Media literacy categories• Teaching with copyrighted material
• Using copyrighted material in curriculum materials
• Circulating curriculum materials with copyrighted material in them
• Student use of copyrighted materials in their work
• Circulating student work
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And next….
• Communication scholars
• Dance archivists
• Open courseware programs
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Who else?
• Librarians?
• Literature/English professors?
• ??
• ??
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Fair Use:
Practice
Makes
Practice
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Research +Community =
Changes
in Practice
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Pat Aufderheide
Center for Social MediaSchool of Communication American University Washington, DC [email protected]
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Peter Jaszi
Washington College of Law
American University
Washington, DC
202-274-4216
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