Stephen Spaeth on 2009-04-08
Does this apply to our students who want to critique film? If they follow the guidelines for purpose, citation and quantity and non-competition I think that it should.
This link has been bookmarked by 159 people . It was first bookmarked on 07 Jul 2008, by Doug Noon.
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. Fair use is the right to use copyrighted material without permission or payment under some circumstances.
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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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- 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. - Did the unlicensed use “transform” the material taken from the copyrighted
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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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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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Christina DiMicelliCode of Best Practices in Fair Use for Online Video
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Steve RansomCode of Best Practices in Fair Use for Online Video. Full report PDF available.
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Anne BubnicAnother fabulous teaching video - Code of Best Practices in Fair Use for Online Video.
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Stephen SpaethThis 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 law has several features that permit quotations from copyrighted works without permission or payment, under certain conditions. Fair use is the most important of these features. It has been an important part of copyright law for more than 150 years. 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. As copyright protects more works for longer periods than ever before, it makes new creation harder. As a result, fair use is more important today than ever before.
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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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ONE: COMMENTING ON OR CRITIQUING OF COPYRIGHTED MATERIAL
DESCRIPTION: Video makers often take as their raw material an example of popular culture, which they comment on in some way. They may add unlikely subtitles. They may create a fan tribute (positive commentary) or ridicule a cultural object (negative commentary). They may comment or criticize indirectly (by way of parody, for example), as well as directly. They may solicit critique by others, who provide the commentary or add to it.
PRINCIPLE: Video makers have the right to use as much of the original work as they need to in order to put it under some kind of scrutiny. Comment and critique are at the very core of the fair use doctrine as a safeguard for freedom of expression. So long as the maker analyzes, comments on, or responds to the work itself, the means may vary.
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Stephen Spaeth on 2009-04-08
A teacher posed the question whether a class could use clips from copyrighted work in critiques of the work. The request passed to Lisa then to me. I liked Lisa's suggestion that the project would benefit from an up-front discussion of these issues by the class.
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LIMITATION: The use should not be so extensive or pervasive that it ceases to function as critique and becomes, instead, a way of satisfying the audience’s taste for the thing (or the kind of thing) that is being quoted. In other words, the new use should not become a market substitute for the work (or other works like it).
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Where a sound or image has been captured incidentally and without pre-arrangement, as part of an unstaged scene, it is permissible to use it, to a reasonable extent, as part of the final version of the video.
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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?
In reviewing the history of fair use litigation, we find that judges return again and again to two key questions:
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If the answers to these two questions are “yes,” a court is likely to find a use fair.
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But first, one general comment: Inevitably, considerations of good faith come into play in 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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Video makers have the right to use as much of the original work as they need to in order to put it under some kind of scrutiny. Comment and critique are at the very core of the fair use doctrine as a safeguard for freedom of expression. So long as the maker analyzes, comments on, or responds to the work itself, the means may vary. Commentary may be explicit (as might be achieved, for example, by the addition of narration) or implicit (accomplished by means of recasting or recontextualizing the original). In the case of negative commentary, the fact that the critique itself may do economic damage to the market for the quoted work (as a negative review or a scathing piece of ridicule might) is irrelevant.
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This sort of quotation generally should be considered fair use and is widely recognized as such in other creative communities. For instance, writers in print media do not hesitate to use illustrative quotations of both words and images. The possibility that the quotes might entertain and engage an audience as well as illustrate a video maker’s argument takes nothing away from the fair use claim.
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Where a sound or image has been captured incidentally and without pre-arrangement, as part of an unstaged scene, it is permissible to use it, to a reasonable extent, as part of the final version of the video.
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When content that originally was offered to entertain or inform or instruct is offered up with the distinct purpose of launching an online conversation, its use has been transformed. When protected works are selectively repurposed in this way, a fundamental goal of the copyright system—to promote the republican ideal of robust social discourse—is served.
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This kind of activity is covered by fair use to the extent that the reuse of copyrighted works creates new meaning by juxtaposition. Combining the speeches by two politicians and a love song, for example, as in “Bush Blair Endless Love,” changes the meaning of all three pieces of copyrighted material. Combining the image of an innocent prairie dog and three ominous chords from a movie soundtrack, as in “Dramatic Chipmunk,” creates an ironic third meaning out of the original materials. The recombinant new work has a cultural identity of its own and addresses an audience different from those for which its components were intended.
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IF I’M NOT MAKING ANY MONEY OFF IT, IT’S FAIR USE
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IF I’M MAKING ANY MONEY OFF IT (OR TRYING TO), IT’S NOT FAIR USE.
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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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for example, as in “Bush Blair Endless Love,” changes the meaning of all three pieces of copyrighted material
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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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Michelle KrillThis 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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Alan LevineThis 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.
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y campbellcode 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 (no parody exception in Canada)
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Mark BlairThis 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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Allison KiptaThis 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
copyright journalism publishing youtube web video fair_use intellectual_property
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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
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It’s not a guide to using material people give permission to use, such as works using Creative Commons licenses. Anyone can use those works the way the owners say that you can.
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t’s not a guide to material that is already free to use without considering copyright. For instance, all federal government works are in the public domain, as are many older works. In most cases, trademarks are not an issue. For more information on “free use,” consult the document “Yes, You Can!” and copyright.cornell.edu.
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It’s not a guide to using material that someone wants to license but cannot trace back to an owner—the so-called
“orphan works” problem. However, orphan works are also eligible for fair use consideration, according to the principles detailed below.
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Mike BogleThis 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.
copyright mashup video for:patrickstoddart for:angelus7 for:giedre
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Hope on a ropevids are transformative and therefore not in violation of copyright, according to the Centre for Social Media
Public Stiky Notes
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