Reclaiming Fair Use
How to Put Balance Back in Copyright, Second Edition
9780226374192
9780226374222
Reclaiming Fair Use
How to Put Balance Back in Copyright, Second Edition
In the increasingly complex and combative arena of copyright in the digital age, record companies sue college students over peer-to-peer music sharing, YouTube removes home movies because of a song playing in the background, and filmmakers are denied a distribution deal when a permissions i proves undottable. Analyzing the dampening effect that copyright law can have on scholarship and creativity, Patricia Aufderheide and Peter Jaszi urge us to embrace in response a principle embedded in copyright law itself—fair use.
Originally published in 2011, Reclaiming Fair Use challenged the widely held notion that copyright law is obsolete in an age of digital technologies. Beginning with a survey of the contemporary landscape of copyright law, Aufderheide and Jaszi drew on their years of experience advising documentary filmmakers, English teachers, performing arts scholars, and other creative professionals to lay out in detail how the principles of fair-use can be employed to avoid copyright violation. Taking stock of the vibrant remix culture that has only burgeoned since the book’s original publication, this new edition addresses the expanded reach of fair use—tracking the Twitter hashtag #WTFU (where’s the fair use?), the maturing of the transformativeness measure in legal disputes, the ongoing fight against automatic detection software, and the progress and delays of digitization initiatives around the country.
Full of no-nonsense advice and practical examples, Reclaiming Fair Use remains essential reading for anyone interested in law, creativity, and the ever-broadening realm of new media.
Originally published in 2011, Reclaiming Fair Use challenged the widely held notion that copyright law is obsolete in an age of digital technologies. Beginning with a survey of the contemporary landscape of copyright law, Aufderheide and Jaszi drew on their years of experience advising documentary filmmakers, English teachers, performing arts scholars, and other creative professionals to lay out in detail how the principles of fair-use can be employed to avoid copyright violation. Taking stock of the vibrant remix culture that has only burgeoned since the book’s original publication, this new edition addresses the expanded reach of fair use—tracking the Twitter hashtag #WTFU (where’s the fair use?), the maturing of the transformativeness measure in legal disputes, the ongoing fight against automatic detection software, and the progress and delays of digitization initiatives around the country.
Full of no-nonsense advice and practical examples, Reclaiming Fair Use remains essential reading for anyone interested in law, creativity, and the ever-broadening realm of new media.
Reviews
Table of Contents
Acknowledgements
Introduction
1. The Culture of Fear and Doubt, and How to Leave It
2. Long and Strong Copyright: Why Fair Use Is So Important
3. The Decline and Rise of Fair Use: The Back-Room Story
4. The Decline and Rise of Fair Use: The Public Campaigns
5. Fair Use Resurgent
6. Fair Use in the Courtroom: How Judges Think Now
7. Documentary Filmmakers: Pioneering Best Practices
8. Codes of Best Practices Catch On
9. Fair Use Expands Its Reach
10. How to Fair Use
11. The International Environment
Appendix A. Codes of Best Practices in Fair Use
Appendix B. Documentary Filmmakers’ Statement of Best Practices in Fair Use
Appendix C. Myths and Realities about Fair Use
Appendix D. Answers to Fair Use: You Be the Judge
References
Index