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    Fairusehandout

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    This document provides a summary of chapters from the book "Reclaiming Fair Use" by Patricia Aufderheide and Peter Jaszi. The book discusses the concept of fair use in copyright law and how a culture of fear around copyright infringement has developed. It explores how fair use allows for new works to use portions of copyrighted works for purposes like commentary or criticism. The book details how various industries and groups have worked to promote understanding and implementation of fair use through codes of best practices.

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    Fairusehandout

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    This document provides a summary of chapters from the book "Reclaiming Fair Use" by Patricia Aufderheide and Peter Jaszi. The book discusses the concept of fair use in copyright law and how a culture of fear around copyright infringement has developed. It explores how fair use allows for new works to use portions of copyrighted works for purposes like commentary or criticism. The book details how various industries and groups have worked to promote understanding and implementation of fair use through codes of best practices.

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    This document provides a summary of chapters from the book "Reclaiming Fair Use" by Patricia Aufderheide and Peter Jaszi. The book discusses the concept of fair use in copyright law and how a culture of fear around copyright infringement has developed. It explores how fair use allows for new works to use portions of copyrighted works for purposes like commentary or criticism. The book details how various industries and groups have worked to promote understanding and implementation of fair use through codes of best practices.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    148 views2 pages

    Fairusehandout

    Uploaded by

    api-271060247
    This document provides a summary of chapters from the book "Reclaiming Fair Use" by Patricia Aufderheide and Peter Jaszi. The book discusses the concept of fair use in copyright law and how a culture of fear around copyright infringement has developed. It explores how fair use allows for new works to use portions of copyrighted works for purposes like commentary or criticism. The book details how various industries and groups have worked to promote understanding and implementation of fair use through codes of best practices.

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    You are on page 1of 2

    John Driscoll and Evan Mather

    LIS 701 02 Context Book Assignment

    March 20, 2013

    Aufderheide, Patricia, and Peter Jaszi. Reclaiming Fair Use: How to Put Balance Back
    in Copyright. Chicago; London: The University of Chicago Press, 2011. Print.
    Fair Use: The right to use copyrighted material without permission or payment when
    you make a work - whether a blog entry, a song, a mashup, a poem, a documentary, a
    magazine article... (ix)
    Chapter 1: The Culture of Fear and Doubt, and How to Leave It
    Long & strong copyright creates a culture of fear and doubt - mind-forged
    manacles
    We are becoming a nation of makers and sharers (7)
    We often face gatekeepers even before copyright holders
    Chapter 2: Long and Strong Copyright
    Caused by two poisonous notions:
    Copyright exists only to protect rights holders
    Creators deserve total protection because they are 100% responsible for their
    ideas (16)
    Interpreting fair use: four factors
    Chapter 3: The Decline and Rise of Fair Use: the Back-Room Story
    1976 Copyright Act
    copyright protection for all works from moment of creation
    single long-term instead of two terms with optional renewal
    new, harsher penalties for infringement
    still recognized fair use
    Fair use cases focus on fourth factor: economic effects
    Digital Millennium Copyright Act
    criminalized circumventing DRM whether copyright was violated or not
    exempted ISPs from liability
    Chapter 4: The Decline and Rise of Fair Use: the Public Campaigns
    Content industries: all copying is piracy
    Opposition push for Creative Commons and free culture
    Both sides ignore fair use

    Chapter 5: Fair Use Resurgent


    Fair use already exists. We just need to increase awareness and use.
    ACLU, Duke Universitys Center for the Study of the Public Domain, Electronic
    Frontier Foundation
    Bound By Law web comic: http://web.law.duke.edu/cspd/comics/
    Chapter 6: Fair Use in the Courtroom
    Law purposefully written to require case-by-case assessment, so it is important to
    understand current legal thinking
    Transformativeness has become the primary criteria for determining fair use
    Music sampling is more rarely seen as fair use because of a widely accepted
    licensing system
    Chapters 7 & 8: Documentary Filmmakers & Codes of Best Practices Catch On
    Doc filmmakers first to create Code of Best Practices for Fair Use
    Explains & defines fair use within industry standards and common practices
    More groups follow documentary filmmakers lead
    Chapter 10: A Note on the International Environment
    Few other countries have fair use, but it also isnt as necessary with less strong &
    broad copyright policies
    Always follow the law of the country you are creating the work in
    Chapter 9: How to Fair Use
    Dont feel guilty about getting away with fair use - its a right, not a privilege
    Other examples of fair use: public domain, Creative Commons, and exemptions
    Term of use and end-user license agreement are contracts to relinquish your right to
    fair use
    Areas outside copyright: trademark, patent, trade secret, right of publicity
    Appendices
    Appendix A: List of Codes of Best Practices
    Appendix B: Code of Best Practice Template
    Appendix C: Documentary Filmmakers Code of Best Practice
    All available at: centerforsocialmedia.org/fair-use
    Appendix D: Myths & Realities about Fair Use
    Appendix E: Answers to You be the Judge

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