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A presentation at the University of Bergen, Norway, on the best practices in fair use project at American University's Center for Social Media, and its implications for European creators.

A presentation at the University of Bergen, Norway, on the best practices in fair use project at American University's Center for Social Media, and its implications for European creators.

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Transcript

  • 1. COPYRIGHT & CREATIVITY: GETTING BALANCE BACK
  • 2. HOW DO COPYRIGHT POLICIES INHIBIT THE GROWTH OF DIGITAL CULTURE?
  • 3. “Standing on the shoulders of giants.”
  • 4. TWO CHALLENGES: Collapse of business Copyright imbalance models (incumbents’ (emergent users’ problem) problem)
  • 5. BUSINESS MODELS COLLAPSING P2P, Piracy, Downloading, Etc.
  • 6. R 4, 2012 IDAY, DECEMBE NEW Y ORK, FR
  • 7. THE IMBALANCE PROBLEM
  • 8. WHEN WE •  It’s hard to license TRY TO USE •  It’s hard to find out EXISTING who owns it CULTURE TO •  We’re locked out and MAKE NEW punished if we break CULTURE: the locks •  We’re not sure what the balancing features of our laws are
  • 9. LICENSING •  Usually time-limited •  Too many layers •  Too many regions
  • 10. SOLUTION:
  • 11. WAIT…
  • 12. +
  • 13. BUILD AN ARTIFICIAL PUBLIC DOMAIN BY TWEAKING LICENSES •  GPL (free software license) & Creative Commons licenses …enabling new pools of content •  Open source software •  Open CourseWare
  • 14. “ORPHAN WORKS”
  • 15. TECH/LEGAL PRE-EMPTION OF BALANCING RIGHTS • DMCA (US) • EU Copyright Directive
  • 16. PATCHES: • Citizen participation in legislation (NZ; France) • Press on exemptions (U.S.)
  • 17. USING BALANCING RIGHTS
  • 18. THE LIST APPROACH
  • 19. AMERICAN UNIVERSITY’S FAIR USE PROJECT centerforsocialmedia.org/fairuse
  • 20. Fair Use Project
  • 21. JUDGES LOVE FAIR USE
  • 22. INDIVIDUALS FEAR… •  Will I get it wrong? •  Will I get sued? $125K+ per infringement!!) •  Will my boss/librarian/client get angry?
  • 23. BEST PRACTICES
  • 24. •  Knowledge of the law •  Awareness of problem •  Define interpretation of fair use
  • 25. •  Documentary filmmakers •  Film scholars •  Media literacy teachers •  More
  • 26. DOCUMENTARY FILMMAKERS
  • 27. 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
  • 28. ENGLISH TEACHERS
  • 29. 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
  • 30. ONLINE VIDEO
  • 31. ONLINE VIDEO CODE •  Comment/critique •  Illustration/example •  Accidentally/incidentally •  Preserve/recall •  Discuss •  Collage
  • 32. U.S. MOVEMENT •  Film scholars •  Archivists •  Open Courseware •  Int’l Communication Ass’n •  Business (“we wouldn’t even be talking if…”)
  • 33. FIRST STEPS OF INTERNATIONAL MOVEMENT TO USE EXEMPTIONS •  Canadian filmmakers •  Mexican filmmakers •  EU filmmakers •  South African filmmakers
  • 34. TO JOIN THE MOVEMENT • Document the problem • Research the reality • Define the opportunity
  • 35. Please feel free to share this presentation in its entirety. For excerpting, kindly employ the principles of fair use.
  • 36. CONTACT INFO Pat Aufderheide Center for Social Media School of Communication American University Washington, DC paufder@american.edu 202-885-2069