The Future of Fair Use Opening slide Steve
- Slides: 59
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
- Heel toe heel toe slide slide slide
- Future perfect and future continuous exercises
- Future perfect future continuous future perfect continuous
- Shakespearean sonnet 14 lines examples
- Foul is fair and fair is foul literary device
- Not so happy yet much happier literary device
- Fair is foul and foul is fair macbeth meaning
- Syntax literary device
- Fair is foul and foul is fair significato
- Examples of fair is foul and foul is fair in macbeth
- Steve jobs steve wozniak ronald wayne
- Fair future simple
- Fair use definition
- Fair use
- Fair use definition
- Google images fair use
- 4 factors of fair use
- 4 factors of fair use
- 4 factors of fair use
- Fair use in documentary
- Four factors of fair use common sense
- Fair use guidelines for teachers
- Fair use
- Four factors of fair use
- Fair use
- Fair use plagiarism
- Music copyright fair use
- Factoring trinomials slide and divide method
- Current state vs future state diagram
- Perfect future tense
- Future continuous tense vs future simple
- Future continuous and future perfect
- Future nurse future midwife
- Present progressive repetition with always
- The moment
- Tenses summary
- Future plans and finished future actions
- Future continuous
- Nulti kondicional
- Hát kết hợp bộ gõ cơ thể
- Slidetodoc
- Bổ thể
- Tỉ lệ cơ thể trẻ em
- Chó sói
- Glasgow thang điểm
- Hát lên người ơi alleluia
- Môn thể thao bắt đầu bằng từ chạy
- Thế nào là hệ số cao nhất
- Các châu lục và đại dương trên thế giới
- Công của trọng lực
- Trời xanh đây là của chúng ta thể thơ
- Mật thư tọa độ 5x5
- Phép trừ bù
- độ dài liên kết
- Các châu lục và đại dương trên thế giới
- Thể thơ truyền thống
- Quá trình desamine hóa có thể tạo ra
- Một số thể thơ truyền thống
- Cái miệng nó xinh thế chỉ nói điều hay thôi
- Vẽ hình chiếu vuông góc của vật thể sau