The Future of Fair Use Opening slide Steve

The Future of Fair Use Opening slide Steve Anderson USC School of Cinematic Arts sfanders@usc. edu http: //criticalcommons. org 1

IML USC Institute for Multimedia Literacy http: //iml. usc. edu 2

Imap + Vectors Journal http: //vectorsjournal. org Media Arts & Practice http: //imap. usc. edu 3

Lessig “Fair Use is not the right to use copyrighted materials. It’s the right to hire a lawyer. ” -Lawrence Lessig 4

Jaszi “We live in a Golden Age of fair use… (in spite of difficulties) a fair use renaissance has emerged. ” -Peter Jaszi 5

Berkman The Digital Learning Challenge: Obstacles to Educational Uses of Copyrighted Material in the Digital Age (2006) Lack of clarity Digital Rights Management Impracticality of licensing Undue gatekeeping -William Fisher & William Mc. Geveran Berkman Center for Internet and Society http: //cyber. law. harvard. edu/media/files/copyrightandeducation. html 6

CSM: Copyright confusion Fear + Misinformation = Less effective teaching and learning Lack of innovation Compromised thinking and communication skills -Renee Hobbs, Peter Jaszi, Pat Aufderheide Center for Social Media http: //www. centerforsocialmedia. org 7

Conversations about Fair Use should not be solely the domain of experts (i. e. , lawyers and technologists) We also need to hear from people who depend on fair use for everyday cultural practices: -Educators -Archivists -Media makers -Librarians -Students -Fans 8

Polarization of discourse surrounding copyright Rhetorical 9

Polarization of discourse surrounding copyright Legal 10

Polarization of discourse surrounding copyright Technical 11

Polarization of discourse surrounding copyright Cultural/Educational 12

Polarization of discourse surrounding copyright Cultural/Educational 13

Polarization of discourse surrounding copyright Cultural/Educational 14

Polarization of discourse surrounding copyright Cultural/Educational 15

What’s the problem? Fear Confusion Lack of support 16

MPAA threat letter to every U. S. college and university President and CIO 17

MPAA digital piracy 18

USC ITS Technical 19

USC ITS TOS Technical 20

USC ITS Fair use 21

Risk mgmt vs. avoidance Risk Management vs. Risk Avoidance 22

What’s the solution? Get informed Get connected Get active 23

What’s the solution? Get informed Get connected Get active Partnership between IT staff, administrators and faculty regarding legal, technical and pedagogical strategy 24

Three fronts for Fair Use Legal Best practices / alternatives Technical Open standards Cultural Scholarly / Remix 25

Three fronts for Fair Use Legal Best practices / alternatives Technical Open standards Cultural Scholarly / Remix Need mobilization, coordination and progress in all areas! 26

Legal Electronic Frontier Foundation http: //www. eff. org 27

Legal 28 University-based intellectual property and technology law clinics

Technical Open Video Alliance http: //openvideoalliance. org 29

Cultural Organization for Transformative Works http: //www. transformativeworks. org 24/7: DIY Video festival http: //video 24 -7. org 30

Legal & Cultural Center for Social Media http: //www. centerforsocialmedia. org 31

Legal, Technical & Cultural Creative Commons http: //creativecommons. org 32

Four Factors in Fair Use In general, fair use allows people to use copyrighted materials without authorization for purposes such as “criticism, comment, news reporting, teaching, scholarship, or research, ” so long as their use qualifies as a “fair use” in light of the four factors set out in 17 U. S. C. § 107: 1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2. The nature of the copyrighted work; 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4. The effect of the use upon the potential market for or value of the copyrighted work. 33

Four Factors vs. Best Practices Fair Use Evaluator Center for Social Media http: //www. librarycopyright. net/fairuse http: //www. centerforsocialmedia. org 34

Center for Social Media http: //www. centerforsocialmedia. org 35

Digital Millennium Copyright Act (1998) DMCA: made it illegal to break copy-protection under all circumstances In 2010 the Library of Congress expanded its exemptions to the DMCA’s anti-circumvention provisions to include educators, non-commercial videomakers as well as film and media students. 36

Digital Millennium Copyright Act (1998) DMCA: also created a “safe harbor” for service providers who do not control the content appearing on their site. Hence You. Tube could become a billion-dollar company 37

Digital Millennium Copyright Act (1998) DMCA: also created a “safe harbor” for service providers who do not control the content appearing on their site. Hence You. Tube could become a billion-dollar company (and Critical Commons could be created) 38

Misconceptions About Fair Use misconceptions 39

Misconceptions About Fair Use misconceptions 1. You have to be a lawyer to understand fair use Consult best practices in fair use or write your own! 40

Misconceptions About Fair Use misconceptions 1. You have to be a lawyer to understand fair use Consult best practices in fair use or write your own! 2. Ripping DVDs is always illegal Media educators and students can rip DVDs for classroom use 41

Misconceptions About Fair Use misconceptions 1. You have to be a lawyer to understand fair use Consult best practices in fair use or write your own! 2. Ripping DVDs is always illegal Media educators and students can rip DVDs for classroom use 3. Exercising my fair use rights is a sure way to get sued Lawsuits for educational fair use are virtually unheard of 42

Misconceptions About Fair Use Teachable moments 1. You have to be a lawyer to understand fair use Consult best practices in fair use or write your own! 2. Ripping DVDs is always illegal Media educators and students can rip DVDs for classroom use 3. Exercising my fair use rights is a sure way to get sued Lawsuits for educational fair use are virtually unheard of Educators should inform students about both copyright and fair use and challenge them to make intelligent, ethical decisions 43

Case study Critical Commons http: //criticalcommons. org 44

Mac. Arthur Foundation: Digital Media & Learning http: //www. macfound. org 45

Searchable, downloadable, user-generated clip library http: //criticalcommons. org 46

Fair use resources and best practices http: //criticalcommons. org 47

Curated lectures and playlists http: //criticalcommons. org 48

Showcase for multimedia scholarship http: //criticalcommons. org 49

Terms of Service http: //criticalcommons. org 50

Deleuze and Cinema | Kara Keeling http: //criticalcommons. org 51

The Transverberation Scene | Sherry Velasco http: //criticalcommons. org 52

Buffy vs. Twilight | Jonathan Mc. Intosh http: //criticalcommons. org 53

Public Education | Curtis Marez http: //criticalcommons. org 54

DOD Nuclear Archive | Hamilton & O’Gorman http: //criticalcommons. org 55

Television Style | Jeremy Butler http: //criticalcommons. org 56

Digital Shakespeare | Katherine Rowe http: //criticalcommons. org 57

Economics of Seinfeld | Linda Ghent http: //criticalcommons. org 58

Infinite Recursion http: //www. infiniterecursion. com. au Critical Commons Mobile http: //criticalcommons. org Engage. Media http: //www. engagemedia. org 59