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FAIR USE FOR FILM TEACHERS Patricia AufderheideCenter for Media & Social Impact, American UniversityDecember 2015
WHERE WE’RE GOINGWHAT IS FAIR USE
WHY SHOULD YOU TEACH IT
HOW SHOULD YOU TEACH IT
WHERE YOU CAN GET HELP
WHAT IS FAIR USE?And why is it so important to copyright?
FAIR USEThe right to use copyrighted
material without permission or payment….
A right? Yes!…under some circumstances.
WHY FAIR USE? Copyright is a limited monopoly, in
service of the policy to “promote science [=knowledge/culture]”
Fair use is the most important limitation today.
Fair use safeguards the First Amendment
Keeps copyright from being unconstitutional
COURTS ARE PRO-FAIR USE Google Books Hathi Trust Georgia State Richard Prince Dorling Kindersley And many more
JUDGES ASK: Is there a “transformative” purpose? Was the amount/way of taking aligned
with the purpose? Is this consistent with best practices in
the field in question? (These questions interpret the dreaded
“four factors” usefully.)
AND WHAT ABOUT THE RISK?
Well…ARE WE TALKING ABOUT….
This? Or this?
RISKS Rights = Risks Risks are everywhere Professionals manage risk SO….
What are your tools to manage risk in fair use?
FIELD CONSENSUS
In use over a decadeFour common situationsNo legalese No complaints from copyright holders
TEACHING FAIR USEWHY?
IT’S INDUSTRY STANDARD
Insurers all accept fair use (100%) Broadcasters accept fair use (95+%) Lawyers write fair use letters routinely Most documentarians have used it in
their recent productions
BUT WHAT IF OTHERS USE MY STUFF FOR FREE?
FILMMAKERS SAY…. No one has lost money from others’ fair
use Negotiations with rightsholders can be
easier Work is better More work can be made
TEACHING FAIR USEHOW?
AND IF YOU STILL NEED HELP…
OPTIONS! DWG members proficient in fair use will
mentor others, if those mentees will agree later to be mentors Contact: Mayra Linares, coordinator, at
[email protected] Fair Use Fellow Mayra Linares can make a guest Skype visit
THANKS! AND…QUESTIONS?
