Additional Resources to fair use:
http://bit.ly/SocmediaFairUse
This link has been bookmarked by 381 people . It was first bookmarked on 07 Jul 2008, by Doug Noon.
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Robert DicksonThis document is a code of best practices that helps creators, online providers, copyright holders, and others interested in the making of online video interpret the copyright doctrine of fair use. Fair use is the right to use copyrighted material without permission or payment under some circumstances.
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03 May 11
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Mashups, remixes, subs, and online parodies are new and refreshing online phenomena, but they partake of an ancient tradition: the recycling of old culture to make new
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Mashups, remixes, subs, and online parodies are new and refreshing online phenomena, but they partake of an ancient tradition: the recycling of old culture to make new.
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The bargain is this: we as a society give limited property rights to creators, to reward them for producing culture; at the same time, we give other creators the chance to use that same copyrighted material without permission or payment, in some circumstances.
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Where it applies, fair use is a right, not a mere privilege. In fact, as the Supreme Court has pointed out, fair use keeps copyright from violating the First Amendment
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Copyright law does not exactly specify how to apply fair use, and that is to creators' advantage. Creative needs and practices differ with the field, with technology, and with time.
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Rather than following a specific formula, lawyers and judges decide whether an unlicensed use of copyrighted material is "fair" according to a "rule of reason." This means taking all the facts and circumstances into account to decide if an unlicensed use of copyright material generates social or cultural benefits that are greater than the costs it imposes on the copyright owner.
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the nature of the use, the nature of the work used, the extent of the use and its economic effect.
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"transform"
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the material taken from the copyrighted work by using it for a different purpose than that of the original, or did it just repeat the work for the same intent and value as the original?
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Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?
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the question of whether the use will cause excessive economic harm to the copyright owner.
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in light of general practice in his or her particular field.
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whether the user acted reasonably and in good faith
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Video makers can take heart from other creator groups' reliance on fair use. For instance, historians regularly quote both other historians' writings and textual sources; filmmakers and visual artists reinterpret and critique existing work; scholars illustrate cultural commentary with textual, visual, and musical examples. Equally important is the example of commercial news media. Fair use is healthy and vigorous in daily broadcast television news, where references to popular films, classic TV programs, archival images, and popular songs are constant and routinely unlicensed.
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"transformativeness."
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ransformative purpose often underlies an individual creator's investment of substantial time and creative energy in producing a mashup, a personal video, or other new work. Images and sounds can be building blocks for new meaning, just as quotations of written texts can be. Emerging cultural expression deserves recognition for transformative value as much as more established expression.
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For example, clips from Hollywood films might be used to demonstrate changing American attitudes toward race; a succession of photos of the same celebrity may represent the stages in the star's career; a news clip of a politician speaking may reinforce an assertion.
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29 Apr 10
deb schiano"fair use analysis. One way to show good faith is to provide credit or attribution, where possible, to the owners of the material being used."
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31 Mar 10
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28 Mar 10
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- Did the unlicensed use "transform" the material taken from the copyrighted work by using it for a different purpose than that of the original, or did it just repeat the work for the same intent and value as the original?
- Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?
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a transformative purpose often underlies an individual creator's investment of substantial time and creative energy in producing a mashup, a personal video, or other new work. Images and sounds can be building blocks for new meaning, just as quotations of written texts can be. Emerging cultural expression deserves recognition for transformative value as much as more established expression.
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For example, clips from Hollywood films might be used to demonstrate changing American attitudes toward race; a succession of photos of the same celebrity may represent the stages in the star's career; a news clip of a politician speaking may reinforce an assertion.
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So if work is going public, it is good to be able to rely on the rationale of transformativeness, which applies fully even in "commercial" settings.
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to violate the principle by using a single piece of music as background or accompaniment for much or all of the video.
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For example, fair use will not apply when a copyrighted song is used in its entirety as a sound track for a newly created video simply because the music evokes a desired mood rather than to change its meaning
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ufficiently transformative
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22 Mar 10
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18 Mar 10
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TWO: USING COPYRIGHTED MATERIAL FOR ILLUSTRATION OR EXAMPLE
DESCRIPTION: Sometimes video makers quote copyrighted material (for instance, music, video, photographs, animation, text) not in order to comment upon it, but because it aptly illustrates an argument or a point.
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THREE: CAPTURING COPYRIGHTED MATERIAL INCIDENTALLY OR ACCIDENTALLY
DESCRIPTION: Video makers often record copyrighted sounds and images when they are recording sequences in everyday settings. For instance, they may be filming a wedding dance where copyrighted music is playing, capturing the sight of a child learning to walk with a favorite tune playing in the background, or recording their own thoughts in a bedroom with copyrighted posters on the walls. Such copyrighted material is an audio-visual found object. In order to eliminate this incidentally or accidentally captured material, makers would have to avoid, alter, or falsify reality.
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FOUR: REPRODUCING, REPOSTING, OR QUOTING IN ORDER TO MEMORIALIZE, PRESERVE, OR RESCUE AN EXPERIENCE, AN EVENT, OR A CULTURAL PHENOMENON
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Repurposed copyrighted material is central to this kind of video. For instance, someone may record their favorite performance or document their own presence at a rock concert. Someone may post a controversial or notorious moment from broadcast television or a public event (a Stephen Colbert speech, a presidential address, a celebrity blooper).
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In other media and platforms, creators regularly recollect, describe, catalog, and preserve cultural expression for public memory. Written memoirs for instance are valued for the specificity and accuracy of their recollections; collectors of ephemeral material are valued for creating archives for future users.
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FIVE: COPYING, REPOSTING, AND RECIRCULATING A WORK OR PART OF A WORK FOR PURPOSES OF LAUNCHING A DISCUSSION
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Online video contributors often copy and post a work or part of it because they love or hate it, or find it exemplary of something they love or hate, or see it as the center of an existing debate.
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SIX: QUOTING IN ORDER TO RECOMBINE ELEMENTS TO MAKE A NEW WORK THAT DEPENDS FOR ITS MEANING ON (OFTEN UNLIKELY) RELATIONSHIPS BETWEEN THE ELEMENTS
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Video makers often create new works entirely out of existing ones, just as in the past artists have made collages and pastiches. Sometimes there is a critical purpose, sometimes a celebratory one, sometimes a humorous or other motive, in which new makers may easily see their uses as fair under category one.
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13 Mar 10
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06 Mar 10
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04 Mar 10
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22 Feb 10
Seth KeenDetailed referenced report on copyright in regards to video mashups.
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21 Feb 10
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16 Feb 10
william doust"Code of Best Practices in Fair Use for Online Video". A future of public media project, funded by the ford foundation, and hosted by Stanford Uni ;-)
Code of Best Practices in Fair Use for Online Video remix remix culture fair use centre for socialmedia socialmedia
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Code of Best Practices in Fair Use for Online Video
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Add Sticky Note
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more of my discoveries can be found on my twitter stream. Follow me if you wish:
http://www.bit.ly/WillTwitter - 1 more sticky notes...
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There is a media literacy resource when you follow the first link - good luck & enjoy ;-D
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08 Feb 10
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24 Jan 10
Claude Almansi"This document is a code of best practices that helps creators, online providers, copyright holders, and others interested in the making of online video interpret the copyright doctrine of fair use. Fair use is the right to use copyrighted material without permission or payment under some circumstances.
This is a guide to current acceptable practices, drawing on the actual activities of creators, as discussed among other places in the study Recut, Reframe, Recycle: Quoting Copyrighted Material in User-Generated Video and backed by the judgment of a national panel of experts. It also draws, by way of analogy, upon the professional judgment and experience of documentary filmmakers, whose own code of best practices has been recognized throughout the film and television businesses."copyright fairuse fair_use media fair use practices publications DICE
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22 Jan 10
Kay Cunningham'This is a guide to current acceptable practices, drawing on the actual activities of creators, as discussed among other places in the study Recut, Reframe, Recycle: Quoting Copyrighted Material in User-Generated Video and backed by the judgment of a national panel of experts. It also draws, by way of analogy, upon the professional judgment and experience of documentary filmmakers, whose own code of best practices has been recognized throughout the film and television businesses.'
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12 Jan 10
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Zac EarlyThe Center for Social Media in the School of Communication at American University, the Program on Information Justice and Intellectual Property in American University Washington College of Law, and the Media Education Lab of Temple University are conducti
web2.0 video videos copyright creativecommons film journalism fair_use fairuse bestpractices legal eMINTS
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04 Jan 10
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30 Dec 09
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05 Dec 09
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. Fair use is the right to use copyrighted material without permission or payment under some circumstances.
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30 Nov 09
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Melissa SmithCode of Best Practices - tutorials, explanations on how to teach this concept, and more - Copyright laws
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19 Jul 09
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- Did the unlicensed use “transform” the material taken from the copyrighted work by using it for a different purpose than that of the original, or did it just repeat the work for the same intent and value as the original?
- Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?
Fair use is flexible; it is not uncertain or unreliable. In fact, for any particular field of critical or creative activity, lawyers and judges consider expectations and practice in assessing what is “fair” within the field. In weighing the balance at the heart of fair use analysis, judges refer to four types of considerations mentioned in the law: the nature of the use, the nature of the work used, the extent of the use and its economic effect. This still leaves much room for interpretation, especially since the law is clear that these are not the only necessary considerations. In reviewing the history of fair use litigation, we find that judges return again and again to two key questions:
Both questions touch on, among other things, the question of whether the use will cause excessive economic harm to the copyright owner.
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16 Jul 09
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15 Jul 09
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13 Jul 09
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This document is a code of best practices that helps creators, online providers, copyright holders, and others interested in the making of online video interpret the copyright doctrine of fair use. Fair use is the right to use copyrighted material without permission or payment under some circumstances.
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08 Jul 09
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26 Jun 09
Mike Duvallvideo and downloadable PDF for code of best practices for using commercial and other copyright-protected material
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22 Jun 09
Alan ArnoldCenter for Social Media at American University
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17 Jun 09
Learning McDonaldThis document is a code of best practices that helps creators, online providers, copyright holders, and others interested in the making of online video interpret the copyright doctrine of fair use. Fair use is the right to use copyrighted material without
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12 Jun 09
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09 Jun 09
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05 Jun 09
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29 May 09
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Jenny SaxtonA publication of the Center for Social Media at American University.
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Lisa M LaneONE: COMMENTING ON OR CRITIQUING OF COPYRIGHTED MATERIAL, TWO: USING COPYRIGHTED MATERIAL FOR ILLUSTRATION OR EXAMPLE, THREE: CAPTURING COPYRIGHTED MATERIAL INCIDENTALLY OR ACCIDENTALLY, FOUR: REPRODUCING, REPOSTING, OR QUOTING IN ORDER TO MEMORIALIZE, PR
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18 May 09
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Christina DiMicelliCode of Best Practices in Fair Use for Online Video
Public Stiky Notes
http://www.bit.ly/WillTwitter
http://bit.ly/SocmediaFairUse
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