The Future of Fair Use

Opening slide

Steve Anderson

USC School of Cinematic Arts

[email protected]

IML

USC Institute for Multimedia Literacy http://iml.usc.edu

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Imap + Vectors

Vectors Journal

http://vectorsjournal.org

Media Arts & Practice http://imap.usc.edu

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Lessig

“Fair Use is not the right to use copyrighted materials. It’s the right to hire a lawyer.”

-Lawrence Lessig 4

Jaszi

“We live in a Golden Age of fair use… (in spite of difficulties) a fair use renaissance has emerged.”

-Peter Jaszi 5

Berkman

The Digital Learning Challenge: Obstacles to Educational Uses of Copyrighted Material in the Digital Age (2006) Lack of clarity Digital Rights Management Impracticality of licensing Undue gatekeeping -William Fisher & William McGeveran Berkman Center for Internet and Society

http://cyber.law.harvard.edu/media/files/copyrightandeducation.html

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CSM: Copyright confusion

Fear + Misinformation = Less effective teaching and learning Lack of innovation Compromised thinking and communication skills -Renee Hobbs, Peter Jaszi, Pat Aufderheide Center for Social Media

http://www.centerforsocialmedia.org

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Conversations about Fair Use should not be solely the domain of experts (i.e., lawyers and technologists)

We also need to hear from people who depend on fair use for everyday cultural practices: -Educators -Archivists -Media makers -Librarians -Students -Fans 8

Polarization of discourse surrounding copyright

Rhetorical

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Polarization of discourse surrounding copyright

Legal

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Polarization of discourse surrounding copyright

Technical

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Polarization of discourse surrounding copyright

Cultural/Educational

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Polarization of discourse surrounding copyright

Cultural/Educational

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Polarization of discourse surrounding copyright

Cultural/Educational

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Polarization of discourse surrounding copyright

Cultural/Educational

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What’s the problem?

Fear Confusion Lack of support

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MPAA threat letter

MPAA threat letter to every U.S. college and university President and CIO 17

MPAA digital piracy

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USC ITS

Technical

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USC ITS TOS

Technical

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USC ITS Fair use

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Risk mgmt vs. avoidance

Risk Management vs. Risk Avoidance

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What’s the solution?

Get informed Get connected Get active

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What’s the solution?

Get informed Get connected Get active Partnership between IT staff, administrators and faculty regarding legal, technical and pedagogical strategy

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Three fronts for Fair Use

Legal Technical Cultural

  

Best practices / alternatives Open standards Scholarly / Remix

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Three fronts for Fair Use

Legal Technical Cultural

  

Best practices / alternatives Open standards Scholarly / Remix

Need mobilization, coordination and progress in all areas!

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Legal Electronic Frontier Foundation

http://www.eff.org

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Legal

Technical Open Video Alliance

http://openvideoalliance.org

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Cultural Organization for Transformative Works

http://www.transformativeworks.org

24/7: DIY Video festival

http://video24-7.org

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Legal & Cultural Center for Social Media

http://www.centerforsocialmedia.org

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Legal, Technical & Cultural Creative Commons

http://creativecommons.org

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Four Factors in Fair Use

In general, fair use allows people to use copyrighted materials without authorization for purposes such as “criticism, comment, news reporting, teaching, scholarship, or research,” so long as their use qualifies as a “fair use” in light of the four factors set out in 17 U.S.C. § 107: 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.

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Four Factors vs. Best Practices Fair Use Evaluator

http://www.librarycopyright.net/fairuse

Center for Social Media

http://www.centerforsocialmedia.org

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Center for Social Media

http://www.centerforsocialmedia.org

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Digital Millennium Copyright Act (1998)

DMCA: made it illegal to break copy-protection under all circumstances In 2010 the Library of Congress expanded its exemptions to the DMCA’s anti-circumvention provisions to include educators, non-commercial videomakers as well as film and media students.

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Digital Millennium Copyright Act (1998)

DMCA: also created a “safe harbor” for service providers who do not control the content appearing on their site.

Hence YouTube could become a billion-dollar company

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Digital Millennium Copyright Act (1998)

DMCA: also created a “safe harbor” for service providers who do not control the content appearing on their site.

Hence YouTube could become a billion-dollar company (and Critical Commons could be created)

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Misconceptions About Fair Use

misconceptions

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Misconceptions About Fair Use

Consult best practices in fair use or write your own! 40

Misconceptions About Fair Use

Consult best practices in fair use or write your own!

2. Ripping DVDs is always illegal

Media educators and students can rip DVDs for classroom use 41

Misconceptions About Fair Use

Consult best practices in fair use or write your own!

2. Ripping DVDs is always illegal

Media educators and students can rip DVDs for classroom use

3. Exercising my fair use rights is a sure way to get sued

Lawsuits for educational fair use are virtually unheard of 42

Misconceptions About Fair Use

Consult best practices in fair use or write your own!

2. Ripping DVDs is always illegal

Media educators and students can rip DVDs for classroom use

3. Exercising my fair use rights is a sure way to get sued

Lawsuits for educational fair use are virtually unheard of

Educators should inform students about both copyright and fair use and challenge them to make intelligent, ethical decisions

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Case study

Critical Commons

http://criticalcommons.org

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MacArthur Foundation: Digital Media & Learning

http://www.macfound.org

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Searchable, downloadable, user-generated clip library

http://criticalcommons.org

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Fair use resources and best practices

http://criticalcommons.org

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Curated lectures and playlists

http://criticalcommons.org

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Showcase for multimedia scholarship

http://criticalcommons.org

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Terms of Service

http://criticalcommons.org

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Deleuze and Cinema | Kara Keeling

http://criticalcommons.org

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The Transverberation Scene | Sherry Velasco

http://criticalcommons.org

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Buffy vs. Twilight | Jonathan McIntosh

http://criticalcommons.org

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Public Education | Curtis Marez

http://criticalcommons.org

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DOD Nuclear Archive | Hamilton & O’Gorman

http://criticalcommons.org

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Television Style | Jeremy Butler

http://criticalcommons.org

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Digital Shakespeare | Katherine Rowe

http://criticalcommons.org

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Economics of Seinfeld | Linda Ghent

http://criticalcommons.org

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Infinite Recursion

http://www.infiniterecursion.com.au

EngageMedia

http://www.engagemedia.org

Critical Commons Mobile

http://criticalcommons.org

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