Reclaiming Fair Use: How to Put Balance Back in Copyright

University of Chicago Press
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In the increasingly complex and combative arena of copyright in the digital age, record companies sue college students over peer-to-peer music sharing, YouTube removes home movies because of a song playing in the background, and filmmakers are denied a distribution deal when some permissions “i” proves undottable. Patricia Aufderheide and Peter Jaszi chart a clear path through the confusion by urging a robust embrace of a principle long-embedded in copyright law, but too often poorly understood—fair use. By challenging the widely held notion that current copyright law has become unworkable and obsolete in the era of digital technologies, Reclaiming Fair Use promises to reshape the debate in both scholarly circles and the creative community. This indispensable guide distills the authors’ years of experience advising documentary filmmakers, English teachers, performing arts scholars, and other creative professionals into no-nonsense advice and practical examples for content producers. Reclaiming Fair Use begins by surveying the landscape of contemporary copyright law—and the dampening effect it can have on creativity—before laying out how the fair-use principle can be employed to avoid copyright violation. Finally, Aufderheide and Jaszi summarize their work with artists and professional groups to develop best practice documents for fair use and discuss fair use in an international context. Appendixes address common myths about fair use and provide a template for creating the reader’s own best practices. Reclaiming Fair Use will be essential reading for anyone concerned with the law, creativity, and the ever-broadening realm of new media.
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About the author

Patricia Aufderheide is professor in the School of Communication at American University and director of the Center for Social Media. She is the author of, most recently, Documentary: A Very Short Introduction. Peter Jaszi is professor of domestic and international copyright law at the Washington College of Law, American University, where he directs the Glushko-Samuelson Intellectual Property Law Clinic. He is the coauthor of Copyright Law.
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Additional Information

Publisher
University of Chicago Press
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Published on
Jul 15, 2011
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Pages
216
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ISBN
9780226032443
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Language
English
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Genres
Law / General
Law / Intellectual Property / General
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Content Protection
This content is DRM protected.
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Patricia Aufderheide
Documentary film can encompass anything from Robert Flaherty's pioneering ethnography Nanook of the North to Michael Moore's anti-Iraq War polemic Fahrenheit 9/11, from Dziga Vertov's artful Soviet propaganda piece Man with a Movie Camera to Luc Jacquet's heart-tugging wildlife epic March of the Penguins. In this concise, crisply written guide, Patricia Aufderheide takes readers along the diverse paths of documentary history and charts the lively, often fierce debates among filmmakers and scholars about the best ways to represent reality and to tell the truths worth telling. Beginning with an overview of the central issues of documentary filmmaking--its definitions and purposes, its forms and founders--Aufderheide focuses on several of its key subgenres, including public affairs films, government propaganda (particularly the works produced during World War II), historical documentaries, and nature films. Her thematic approach allows readers to enter the subject matter through the kinds of films that first attracted them to documentaries, and it permits her to make connections between eras, as well as revealing the ongoing nature of documentary's core controversies involving objectivity, advocacy, and bias. Interwoven throughout are discussions of the ethical and practical considerations that arise with every aspect of documentary production. A particularly useful feature of the book is an appended list of "100 great documentaries" that anyone with a serious interest in the genre should see. Drawing on the author's four decades of experience as a film scholar and critic, this book is the perfect introduction not just for teachers and students but also for all thoughtful filmgoers and for those who aspire to make documentaries themselves. About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.
Susan M. Bielstein
If a picture is worth a thousand words, then it's a good bet that at least half of those words relate to the picture's copyright status. Art historians, artists, and anyone who wants to use the images of others will find themselves awash in byzantine legal terms, constantly evolving copyright law, varying interpretations by museums and estates, and despair over the complexity of the whole situation. Here, on a white—not a high—horse, Susan Bielstein offers her decades of experience as an editor working with illustrated books. In doing so, she unsnarls the threads of permissions that have ensnared scholars, critics, and artists for years.

Organized as a series of “takes” that range from short sidebars to extended discussions, Permissions, A Survival Guide explores intellectual property law as it pertains to visual imagery. How can you determine whether an artwork is copyrighted? How do you procure a high-quality reproduction of an image? What does “fair use” really mean? Is it ever legitimate to use the work of an artist without permission? Bielstein discusses the many uncertainties that plague writers who work with images in this highly visual age, and she does so based on her years navigating precisely these issues. As an editor who has hired a photographer to shoot an incredibly obscure work in the Italian mountains (a plan that backfired hilariously), who has tried to reason with artists' estates in languages she doesn't speak, and who has spent her time in the archival trenches, she offers a snappy and humane guide to this difficult terrain.

Filled with anecdotes, asides, and real courage, Permissions, A Survival Guide is a unique handbook that anyone working in the visual arts will find invaluable, if not indispensable.
Peter Decherney
Copyright law is important to every stage of media production and reception. It helps determine filmmakers’ artistic decisions, Hollywood’s corporate structure, and the vatieties of media consumption. The rise of digital media and the internet has only expanded copyright’s reach. Everyone from producers and sceenwriters to amateur video makers, file sharers, and internet entrepreneurs has a stake in the history and future of piracy, copy protection, and the public domain.

Beginning with Thomas Edison’s aggressive patent and copyright disputes and concluding with recent lawsuits against YouTube and Universal, Hollywood’s Copyright Wars follows the struggle of the film, television, and digital media industries to influence and adapt to copyright law. Many of Hollywood’s most valued treasures, from Modern Times (1936) to Star Wars (1977), cannot be fully understood without appreciating their legal controversies. Peter Decherney shows that the history of intellectual property in Hollywood has not always mirrored the evolution of the law. Many landmark decisions have barely changed the industry’s behavior, while some quieter policies have had revolutionary effects. His most remarkable contribution uncovers Hollywood’s reliance on self-regulation. Rather than involve congress, judges, or juries in settling copyright disputes, studio heads and filmmakers have often kept such arguments “in house,” turning to talent guilds and other groups for solutions. Whether the issue has been battling piracy in the 1900s, controlling the threat of home video, or managing modern amateur and noncommercial uses of protected content, much of Hollywood’s engagement with the law has occurred offstage, in the larger theater of copyright. Decherney’s unique history recounts these extralegal solutions and their impact on American media and culture.
William Patry
Do copyright laws directly cause people to create works they otherwise wouldn't create? Do those laws directly put substantial amounts of money into authors' pockets? Does culture depend on copyright? Are copyright laws a key driver of competitiveness and of the knowledge economy? These are the key questions William Patry addresses in How to Fix Copyright. We all share the goals of increasing creative works, ensuring authors can make a decent living, furthering culture and competitiveness and ensuring that knowledge is widely shared, but what role does copyright law actually play in making these things come true in the real world? Simply believing in lofty goals isn't enough. If we want our goals to come true, we must go beyond believing in them; we must ensure they come true, through empirical testing and adjustment. Patry argues that laws must be consistent with prevailing markets and technologies because technologies play a large (although not exclusive) role in creating consumer demand; markets then satisfy that demand. Patry discusses how copyright laws arose out of eighteenth-century markets and technology, the most important characteristic of which was artificial scarcity. Artificial scarcity was created by the existence of a small number gatekeepers, by relatively high barriers to entry, and by analog limitations on copying. Markets and technologies change, in a symbiotic way, Patry asserts. New technologies create new demand, requiring new business models. The new markets created by the Internet and digital tools are the greatest ever: Barriers to entry are low, costs of production and distribution are low, the reach is global, and large sums of money can be made off of a multitude of small transactions. Along with these new technologies and markets comes the democratization of creation; digital abundance is replacing analog artificial scarcity. The task of policymakers is to remake our copyright laws to fit our times: our copyright laws, based on the eighteenth century concept of physical copies, gatekeepers, and artificial scarcity, must be replaced with laws based on access not ownership of physical goods, creation by the masses and not by the few, and global rather than regional markets. Patry's view is that of a traditionalist who believes in the goals of copyright but insists that laws must match the times rather than fight against the present and the future.
Patricia Aufderheide
Documentary film can encompass anything from Robert Flaherty's pioneering ethnography Nanook of the North to Michael Moore's anti-Iraq War polemic Fahrenheit 9/11, from Dziga Vertov's artful Soviet propaganda piece Man with a Movie Camera to Luc Jacquet's heart-tugging wildlife epic March of the Penguins. In this concise, crisply written guide, Patricia Aufderheide takes readers along the diverse paths of documentary history and charts the lively, often fierce debates among filmmakers and scholars about the best ways to represent reality and to tell the truths worth telling. Beginning with an overview of the central issues of documentary filmmaking--its definitions and purposes, its forms and founders--Aufderheide focuses on several of its key subgenres, including public affairs films, government propaganda (particularly the works produced during World War II), historical documentaries, and nature films. Her thematic approach allows readers to enter the subject matter through the kinds of films that first attracted them to documentaries, and it permits her to make connections between eras, as well as revealing the ongoing nature of documentary's core controversies involving objectivity, advocacy, and bias. Interwoven throughout are discussions of the ethical and practical considerations that arise with every aspect of documentary production. A particularly useful feature of the book is an appended list of "100 great documentaries" that anyone with a serious interest in the genre should see. Drawing on the author's four decades of experience as a film scholar and critic, this book is the perfect introduction not just for teachers and students but also for all thoughtful filmgoers and for those who aspire to make documentaries themselves. About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.
Patricia Aufderheide
Documentary film can encompass anything from Robert Flaherty's pioneering ethnography Nanook of the North to Michael Moore's anti-Iraq War polemic Fahrenheit 9/11, from Dziga Vertov's artful Soviet propaganda piece Man with a Movie Camera to Luc Jacquet's heart-tugging wildlife epic March of the Penguins. In this concise, crisply written guide, Patricia Aufderheide takes readers along the diverse paths of documentary history and charts the lively, often fierce debates among filmmakers and scholars about the best ways to represent reality and to tell the truths worth telling. Beginning with an overview of the central issues of documentary filmmaking--its definitions and purposes, its forms and founders--Aufderheide focuses on several of its key subgenres, including public affairs films, government propaganda (particularly the works produced during World War II), historical documentaries, and nature films. Her thematic approach allows readers to enter the subject matter through the kinds of films that first attracted them to documentaries, and it permits her to make connections between eras, as well as revealing the ongoing nature of documentary's core controversies involving objectivity, advocacy, and bias. Interwoven throughout are discussions of the ethical and practical considerations that arise with every aspect of documentary production. A particularly useful feature of the book is an appended list of "100 great documentaries" that anyone with a serious interest in the genre should see. Drawing on the author's four decades of experience as a film scholar and critic, this book is the perfect introduction not just for teachers and students but also for all thoughtful filmgoers and for those who aspire to make documentaries themselves. About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.
Patricia Aufderheide
Documentary film can encompass anything from Robert Flaherty's pioneering ethnography Nanook of the North to Michael Moore's anti-Iraq War polemic Fahrenheit 9/11, from Dziga Vertov's artful Soviet propaganda piece Man with a Movie Camera to Luc Jacquet's heart-tugging wildlife epic March of the Penguins. In this concise, crisply written guide, Patricia Aufderheide takes readers along the diverse paths of documentary history and charts the lively, often fierce debates among filmmakers and scholars about the best ways to represent reality and to tell the truths worth telling. Beginning with an overview of the central issues of documentary filmmaking--its definitions and purposes, its forms and founders--Aufderheide focuses on several of its key subgenres, including public affairs films, government propaganda (particularly the works produced during World War II), historical documentaries, and nature films. Her thematic approach allows readers to enter the subject matter through the kinds of films that first attracted them to documentaries, and it permits her to make connections between eras, as well as revealing the ongoing nature of documentary's core controversies involving objectivity, advocacy, and bias. Interwoven throughout are discussions of the ethical and practical considerations that arise with every aspect of documentary production. A particularly useful feature of the book is an appended list of "100 great documentaries" that anyone with a serious interest in the genre should see. Drawing on the author's four decades of experience as a film scholar and critic, this book is the perfect introduction not just for teachers and students but also for all thoughtful filmgoers and for those who aspire to make documentaries themselves. About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.
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