Group items tagged

Filter: All | Bookmarks | Topics Simple Middle

Code of Best Practices in Fair Use for Online Video -- Publications -- Center for Socia... - 0 views

www.centerforsocialmedia.org/...fair_use_in_online_video

shared by Brenda Anderson on 19 May 10 - Cached

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.
...

Cancel
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.
...

Cancel
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
...

Cancel
...12 more annotations...
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.
...

Cancel
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.
...

Cancel
the nature of the use, the nature of the work used, the extent of the use and its economic effect.
...

Cancel
"transform"
...

Cancel
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?
...

Cancel
Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?
...

Cancel
the question of whether the use will cause excessive economic harm to the copyright owner.
...

Cancel
whether the user acted reasonably and in good faith
...

Cancel
in light of general practice in his or her particular field.
...

Cancel
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.
...

Cancel
"transformativeness."
...

Cancel
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.
...

Cancel

Brenda Anderson on 19 May 10

This is an explanation about the code of best practices for online video.

<div class="cArrow"> </div><div class="cContentInner">This is an explanation about the code of best practices for online video.</div>

...

Cancel