Employing Fair Use in Public History Projects
Upcoming SlideShare
Loading in...5
×
 

Employing Fair Use in Public History Projects

on

  • 901 views

Presentation, Organization of American Historians, 2010

Presentation, Organization of American Historians, 2010

Statistics

Views

Total Views
901
Views on SlideShare
825
Embed Views
76

Actions

Likes
0
Downloads
1
Comments
0

4 Embeds 76

http://www.centerforsocialmedia.org 50
http://www.cmsimpact.org 23
http://centerforsocialmedia.org 2
http://www.slideshare.net 1

Accessibility

Categories

Upload Details

Uploaded via as Microsoft PowerPoint

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Processing…
Post Comment
Edit your comment
  • Nicholas Poussin’s painting is used as an illustration, under fair use, in Wikipedia’s entry on the phrase, “Standing on the shoulders of giants.” (Although the painting is in the public domain, the Met’s photo of it is copyrighted.) Cedalion standing on the shoulders of Orion from Blind Orion Searching for the Rising Sun by Nicolas Poussin , 1658, Oil on canvas; 46 7/8 x 72 in. (119.1 x 182.9 cm), Metropolitan Museum of Art
  • Fair use and copyright exemptions generally are escape hatches to the owner’s monopoly in copyright.
  • We used the best practices approach to address the problem. This is a process of discovering the hidden norms of interpretation within the group of practitioners/makers/users.
  • Filmmakers through 5 major organizations, which convened small-group “quiet meetings” across the country, easily identified four areas in which fair use came up: Critiquing media (Outfoxed) Media as illustration (“During the Estado Novo…) Incidental (someone sings Happy Birthday) Historical (this one was very limited, making fair use only applicable when archives could not make material available basically, and when the material was not the central topic of the film) Then a legal advisory board looked over the work. Two major foundations, the John D. and Catherine T. MacArthur Foundation and the Rockefeller Foundation, paid for this work.
  • When YouTube was bought by Google, Viacom sued YouTube for copyright infringement. Free speech advocates were concerned that any settlement could preclude fair use. We worked with Ford Foundation money to conduct research to identify the actual practices on online video sites of makers who use old work to make new work (e.g. mashups, fan videos, vids, remixes, recuperated video, material posted as an example of an issue that the poster wants to discuss). We found nine kinds of common uses. But there was no reachable “community” to convene through associations. We then convened electronically a group divided into fair use-friendly lawyers and DIY/new media/fan culture cultural studies experts, to construct a code of best practices. They worked over four months to establish a common understanding of 1) current practices 2) legally viable ways to phrase these practices 3) limits of fair use for these practices.
  • The resulting categories of practice were deliberately designed to be familiar to people more rooted in the analog media and meatspace world, and to refer back to legal precedent on other kinds of media. Google immediately funded the making of a video about the Code, to be posted to YouTube and other sites.

Employing Fair Use in Public History Projects Employing Fair Use in Public History Projects Presentation Transcript

  • COPYRIGHT & FAIR USE: PUBLIC HISTORY Pat Aufderheide Center for Social Media American University
  •  
  •   View slide
  • THE PURPOSE OF COPYRIGHT View slide
  • 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 created on existing culture (we used to know that)
    • The First Amendment (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:
    • FAIR USE
    • Legal, unauthorized use of copyrighted material—under some circumstances
    • Flexible
    • Broad
    • Adaptable
  • INDIVIDUALS FEAR…
    • Will I get it wrong?
    • Will I get sued? $125K+ per infringement!!)
    • Will my boss/librarian/client get angry?
  • BEST PRACTICES
  • COMMUNITIES DEFINE FAIR USE FOR THEMSELVES
    • Documentary filmmakers
    • Film scholars
    • Media literacy teachers
    • More
  • DOCUMENTARY FILMMAKERS
  • 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
  • ONLINE VIDEO
  • OTHER CODES useful for public historians
    • Media literacy (video contests/teaching)
    • Dance archivists (using archival resources for display/podcasting/digital ILL/preservation)
    • Scholars’ (eg publishing)
  • OTHER OPTIONS
    • Creative Commons (eg CC on Flickr)
    • Public domain (e.g. The Commons, Library of Congress)
    • Special exemptions
      • Classrooms
      • Libraries
      • Print-Disabled
  •  
  •  
  • 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 Media School of Communication American University Washington, DC [email_address] 202-885-2069