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FAIR USE IN ONLINE VIDEO
FAIR USE IN ONLINE VIDEO
An Introduction to
the Code of Best Practices
in Fair Use For Online Video
An Introduction to
the Code of Best Practices
in Fair Use For Online Video
Remix Culture VideoFAIR USE AND COPYRIGHTFAIR USE AND COPYRIGHT
What is Copyright?What is Copyright?• What is copyright?• What is copyright?
• Why does it exist?• Why does it exist?
COPYRIGHTCOPYRIGHT
• Provides incentives for people to create culture• Gives creators some control over their work• But also puts some limits on that control
• Provides incentives for people to create culture• Gives creators some control over their work• But also puts some limits on that control
• What would happen if there were no such thing as copyright?• What would happen if there were no such thing as copyright?
• What would happen if there were no limits to copyright? • What would happen if there were no limits to copyright?
No protection for creators’ work stops creativity
BUT
Too much protection also stifles new makers’ creativity
No protection for creators’ work stops creativity
BUT
Too much protection also stifles new makers’ creativity
• Limitations on the amount of time something can be copyrighted• Limitations on the amount of time something can be copyrighted
• Special exemptions (these include for educators, librarians, public broadcasting, the blind, and other special cases)
• Special exemptions (these include for educators, librarians, public broadcasting, the blind, and other special cases)
Copyright law has built in several ways to maintain BALANCE:
Copyright law has built in several ways to maintain BALANCE:
• Fair Use• Fair Use
FAIR USEFAIR USE
Section of copyright law that protects the rights of creators who want to
incorporate other people’s copyrighted material into their work.
Section of copyright law that protects the rights of creators who want to
incorporate other people’s copyrighted material into their work.
Why is Fair Use Important?Why is Fair Use Important?
WHY IS IT IMPORTANT?WHY IS IT IMPORTANT?
• Protects Freedom of Speech• Protects Freedom of Speech
• Safety valve that prevents censorship• Safety valve that prevents censorship
• It gives artists the right to critique or build on existing culture• It gives artists the right to critique or build on existing culture
• Culture only grows where we are all allowed to repurpose other people’s work• Culture only grows where we are all allowed to repurpose other people’s work
HOW DO I KNOW WHEN TO APPLY FAIR USE?
HOW DO I KNOW WHEN TO APPLY FAIR USE?
Copyright laws asks two questions:Copyright laws asks two questions:
• Did the unlicensed use “transform” the copyrighted material by using it for a different purpose? • Did the unlicensed use “transform” the copyrighted material by using it for a different purpose?
• Was the amount and nature of material taken appropriate? • Was the amount and nature of material taken appropriate?
Best Practices
BEST PRACTICESBEST PRACTICES
• When judges make decisions about what is fair use, they give major consideration to what people actually practicing in the field think is fair use, or what their best practices are.
• When judges make decisions about what is fair use, they give major consideration to what people actually practicing in the field think is fair use, or what their best practices are.
• Video-makers are best suited to figure out what is fair use in our field, because we are both copyright owners and creators who want to use copyrighted material
• Video-makers are best suited to figure out what is fair use in our field, because we are both copyright owners and creators who want to use copyrighted material
Code of Best Practices in Online Video
Category 1: Using copyrighted material as the object of a social, political or cultural critique Category 1: Using copyrighted material as the object of a social, political or cultural critique
From Current’s Target WomenFrom Current’s Target Women
Category 2: Using copyrighted material for illustration or example
Category 2: Using copyrighted material for illustration or example
Evolution of DanceEvolution of Dance
Category 3: Capturing copyrighted material incidentally or accidentally (Incidental Use) Category 3: Capturing copyrighted material incidentally or accidentally (Incidental Use)
Let’s Go Crazy
Category 4: Reproducing, reposting or quoting in order to memorialize, preserve, or rescue an
experience, an event or a cultural phenomenon.
Category 4: Reproducing, reposting or quoting in order to memorialize, preserve, or rescue an
experience, an event or a cultural phenomenon.
Hurricane Katrina Fundraising Telethon
Category 5: Copying, reposting and recirculating a work or part of a work for purposes of
launching a discussion
Category 5: Copying, reposting and recirculating a work or part of a work for purposes of
launching a discussion
Feminism by Whirlpool on FeministingFeminism by Whirlpool on Feministing
Category 6: Quoting in order to recombine elements to make a new work that depends for
its meaning on (often unlikely) relationships between the elements
Category 6: Quoting in order to recombine elements to make a new work that depends for
its meaning on (often unlikely) relationships between the elements
Buffy vs Edward--Twilight Remixed by Rebellious Pixels
Fair Use and Music: It’s TrickyFair Use and Music: It’s Tricky
RIP Michael Jackson (Tribute)
COMMON FAIR USE MYTHS
* If I’m not making money off it, it’s fair use
* If I AM making 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 claim fair use
Remix Culture VideoFAIR USE AND COPYRIGHTFAIR USE AND COPYRIGHT
www.cmsimpact.org/remixwww.cmsimpact.org/remix
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