Discusses the application of Fair Use to the web.
Professor Aufderheide is Director of the Center for Social Media at The American University’s School of Communications and author of “Reclaiming Fair Use”.
In their new book, Profs. Patricia Aufderheide, director of the Center for Social Media, and Peter Jaszi, Professor of Law in the Washington College of Law at American University, urge a robust embrace of a principle long-embedded incopyright law, but too often poorly understood—fair use.
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.
The Center for Social Media showcases and analyzes media for public knowledge and action—media made by, for, and with publics to address the problems that they share. We pay particular attention to the evolution of documentary film and video in a digital era. With research, public events, and convenings, we explore the fast-changing environment for public media. The Center was founded in 2001 by Patricia Aufderheide, University Professor in the School of Communication at American University. As part of the School, the Center offers research assistantships, screenings, master classes and volunteer opportunities to SOC students. The Center also has fellows associated with funded projects, but has no stand-alone funding for fellows.
Center director Patricia Aufderheide is University Professor in the School of Communication at American University in Washington, D.C. She is the co-author with Peter Jaszi of Reclaiming Fair Use: How to Put Balance Back in Copyright (University of Chicago Press, July 2011), and author of, among others, Documentary: A Very Short Introduction (Oxford, 2007), The Daily Planet (University of Minnesota Press, 2000), and of Communications Policy in the Public Interest (Guilford Press, 1999). She heads the Fair Use and Free Speech research project at the Center, in conjunction with Prof. Peter Jaszi in American University’s Washington College of Law. She has been a Fulbright and John Simon Guggenheim fellow and has served as a juror at the Sundance Film Festival among others. She has received numerous journalism and scholarly awards, including the Preservation and Scholarship award in 2006 from the International Documentary Association, a career achievement award in 2008 from the International Digital Media and Arts Association, and the Woman of Vision Award from Women in Film and Video (DC) in 2010. Aufderheide serves on the board of directors of Kartemquin Films, a leading independent social documentary production company, and and on the editorial boards of a variety of publications, including Communication Law and Policy and In These Times newspaper. She has served on the board of directors of the Independent Television Service, which produces innovative television programming for underserved audiences under the umbrella of the Corporation for Public Broadcasting, and on the film advisory board of the National Gallery of Art. She received her Ph.D. in history from the University of Minnesota.
(1) What is Fair Use
The Constitution authorizes Congress to
promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
At the same time, the First Amendment prohibits
respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
This tension is expressed in the Fair Use Doctrine:
Copyright Act § 107
“§ 107: Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular
case is a fair use the factors to be considered shall include —
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.”
Macbeth Act 1, Scene 1
Fair is foul, and foul is fair; Hover through the fog and filthy air.
(2) Code of Best Practices in Fair Use for Online Video
COMMON FAIR USE MYTHS
- IF I’M NOT MAKING ANY MONEY OFF IT, IT’S FAIR USE.
- IF I’M MAKING ANY MONEY OFF IT (OR TRYING TO), IT’S NOT FAIR USE.
- FAIR USE CAN’T BE ENTERTAINING.
- IF I TRY TO LICENSE MATERIAL, I’VE GIVEN UP MY CHANCE TO USE FAIR USE.
- I REALLY NEED A LAWYER TO MAKE THE CALL ON FAIR USE.
(3) Additional Resources
(4) The American University
The American University for many years has been rated among the best schools for the study of public affairs, government and international relations. In 2008 and 2010, American University was named the most politically active school in the nation in The Princeton Review’s annual survey of college students. For two years in a row, American University has had more students chosen to receive Presidential Management Fellowships than any other college or university in the country. In spring 2006, 34 graduate and law students were chosen for the honor.
- The Kogod School of Business, the first school of business was named by The Wall Street Journal and Business Week magazine as one of the top business schools in the country. “Kogod is positioning itself squarely in the upper echelons of America’s finest business schools,” according to the Princeton Review.
- The School of International Service (SIS) is recognized as the largest of its kind in the U.S. Among The Association of Professional Schools of International Affairs (APSIA) schools, AU’s School of International Service has the largest number of minority students and female students and is ranked 6th among APSIA schools in numbers of international students. A review in Foreign Policy Magazine ranked the school 8th in the country for preparing future foreign policy professionals and 25th for academic careers. SIS’s undergraduate programs earned a spot at number 11, and its graduate programs were ranked number 8. Because the field of international relations is not evaluated by U.S. News & World Report, the College of William and Mary recently published the results of their survey, which ranked the AU international relations master’s degree in the top 10 in the United States and the doctoral degree in the top 25.
- TheSchool of Communication is among the top 25 in the nation, and it graduates the third largest number of communication professionals among U.S. colleges and universities.
- The School of Public Affairs is ranked among the top 15 programs in the country by U.S. News and World Report Washington College of Law’s clinical program ranks second in the nation, its international law program is ranked 6th in the nation and the school overall ranks among the top 50 U.S. law schools according to U.S. News and World Report’s America’s Best Colleges.
Trivia: American Played in the Longest NCAA Soccer Game in History – losing 1-0 to UCLA in the NCAA Championship Game in the 8th overtime having played 166:05 or 13:55 of two full soccer games.