Reclaiming Fair Use: How to Put Balance Back in Copyright

Paperback | August 15, 2011

byPatricia Aufderheide

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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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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 ...

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, wher...

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Format:PaperbackDimensions:216 pages, 9 × 6 × 0.7 inPublished:August 15, 2011Publisher:University Of Chicago PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0226032280

ISBN - 13:9780226032283

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Table of Contents

Acknowledgments
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           How to Fair Use
10          A Note on the International Environment            

Appendix A. Codes of Best Practices in Fair Use
Appendix B. A Template for a Code of Best Practices in Fair Use
Appendix C. Documentary Filmmakers’ Statement of Best Practices in Fair Use
Appendix D. Myths and Realities about Fair Use
Appendix E. Answers to Fair Use: You Be the Judge

Reference List
Index