Reclaiming Fair Use: How to Put Balance Back in Copyright

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University of Chicago Press, Aug 15, 2011 - Law - 199 pages
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 some permissions “i” proves undottable. Patricia Aufderheide and Peter Jaszi chart a clear path through the confusion by urging a robust embrace of a principle long-embedded in copyright law, but too often poorly understood—fair use. By challenging the widely held notion that current copyright law has become unworkable and obsolete in the era of digital technologies, Reclaiming Fair Use promises to reshape the debate in both scholarly circles and the creative community. This indispensable guide distills the authors’ years of experience advising documentary filmmakers, English teachers, performing arts scholars, and other creative professionals into no-nonsense advice and practical examples for content producers. Reclaiming Fair Use begins by surveying the landscape of contemporary copyright law—and the dampening effect it can have on creativity—before laying out how the fair-use principle can be employed to avoid copyright violation. Finally, Aufderheide and Jaszi summarize their work with artists and professional groups to develop best practice documents for fair use and discuss fair use in an international context. Appendixes address common myths about fair use and provide a template for creating the reader’s own best practices. Reclaiming Fair Use will be essential reading for anyone concerned with the law, creativity, and the ever-broadening realm of new media.
 

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Reclaiming Fair Use: How To Put Balance Back in Copyright

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Copyright is a swamp. Corporate interests have perverted the system to their advantage. And they have scared the public with threats of lawsuits in response to innocent acts, argue American University ... Read full review

Contents

Ch 1 The Culture of Fear and Doubtand How to Leave It
1
Ch 2 Long and Strong Copyright
16
the Backroom Story
34
The Public Champaign
47
Ch 5 Fair Use Resurgent
70
Ch 6 Fair Use in the Courtroom
80
Ch 7 Documentary Filmmakers
94
Ch 8 Codes of Best Practices Catch On
108
Ch 10 A Note on the International Environment
148
Codes of Best Practices in Fair Use
155
A Template for a Code of Best Practices in Fair Use
156
Documentary Filmmakers Statement of Best Practices in Fair Use
162
Myths and Realities about Fair Use
173
Answers to Fair Use You Be the Judge
177
Reference list
187
Index
191

Ch 9 How to Fair Use
127

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About the author (2011)

Patricia Aufderheide is professor in the School of Communication at American University and director of the Center for Social Media. She is the author of, most recently, Documentary: A Very Short Introduction.Peter Jaszi is professor of domestic and international copyright law at the Washington College of Law, American University, where he directs the Glushko-Samuelson Intellectual Property Law Clinic. He is the coauthor of Copyright Law.

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