A presentation give at #AoIR2016 by Pat Aufderheide and Aram Sinnreich sharing survey data reflecting the copyright and fair use practices of people in the visual arts professions
1. NORMS-SHIFTING FOR
DIGITAL AND ONLINE ARTS
PRACTICE
PATRICIA AUFDERHEIDE, ARAM SINNREICH AND LOUISA IMPERIALE
OCTOBER,2016
ASSOCIATION OFINTERNETRESEARCHERS
2. SURVEY
• A year after creating Code of Best Practices in Fair Use
for the Visual Arts
• C. 1900 U.S. respondents
• Via College Art Association
• Academics, museum professionals, editors, artists
• Early career, mid, veteran
• Compare with 2013 survey
3. QUESTIONS
• How high was awareness?
• Did awareness bring trust?
• Did awareness change behavior?
5. ONE-THIRD OF RESPONDENTS AVOID,
ABANDON, AND DELAY PROJECTS DUE TO
COPYRIGHT
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Avoided or abandoned Delayed
Always Frequently Sometimes
6. FAIR USE IS UNDERUSED
More than four-fifths of CAA members use copyrighted work, but only one-fifth employ fair use
whenever they do.
Alwa…
Frequent
ly
19%
Sometime
s…
Rar…
Never
11%
Unsur
e…
Used copyrighted
works
Always
41%
Frequently
19%
Sometimes
15%
Rarely, 12%
Never
11%
Sought permission
Always
38%
Frequently
27%
Sometimes
16%
Rarely
6%
Never
4% Unsure
9%
Relied on fair use
Didn’t always
seek permission
Yes (80%)
(59%)
8. MANY SEEK OTHER UNLICENSED
OPTIONS
Always
3%
Frequently,
11%
Sometimes
, 16%
Rarely
9%Never
47%
Unsure,
14%
Used Open
License to Share
Own Work
Always
3%
Frequently
19%
Sometimes
26%
Rarely
13%
Never
26%
Unsure,
14%
Used Others’
Openly Licensed
Work
Always
6%
Frequently
36%
Sometimes,
32%
Rarely
10%
Never
10%
Unsure,
5%
Used Others’
Public Domain
Work
10. RESPONDENTS: UNCERTAINTY
LIMITS MY CREATIVITY
Yes
43%
No
57%
What would change:
• More appropriative art
• Publish more
• Share work online
• Improve educational
techniques
• Fewer
meetings/calls/emails
11. 2013/2016
•Strongly similar overall patterns
•Licensing is still the norm, despite
difficulties
•Visual arts professionals have
reasons to find alternatives
16. CODE USE LEADS TO CHANGE
Yes
63%
No
37%
Aware of Code
Yes
51%
No
49%
Used Code
No
No
No
38%
Pre-
Code
14%Post-
Code
3%
Pre &
Post
21%
N/A
24%
No
41%
Pre-
Code
16%
Post-
Code
1%
Pre &
Post
22%
N/A
20%
No
29%
Pre-
Code
15%
Post-
Code
8%
Pre &
Post
36%
N/A
12%
Employed
Fair Use
Yes
17. CONCLUSIONS
• Education matters; behavior changes with
knowledge, confidence
• Peer support matters; it validates new
knowledge
• Institutional action, well publicized, matters
• The newest are most likely to change quickly,
but the most veteran are in the best position
to teach
• Teachers need to build into curriculum
It was 63% had heard about the code, and 32% told someone. However, it seems that it was NOT out of the 2/3, but a general question. 1,977 responded to whether they had heard about the code, and 1,633 responded to the question whether they had told someone (525 said yes).