O slideshow foi denunciado.
Utilizamos seu perfil e dados de atividades no LinkedIn para personalizar e exibir anúncios mais relevantes. Altere suas preferências de anúncios quando desejar.

Copyright: Implications for Publishers

47 visualizações

Publicada em

Renee Hobbs considers how publishers benefit from fair use.

Publicada em: Educação
  • Seja o primeiro a comentar

  • Seja a primeira pessoa a gostar disto

Copyright: Implications for Publishers

  1. 1. Copyright Clarity: How Fair Use Supports Publishers Renee Hobbs Harrington School of Communication and Media University of Rhode Island USA
  2. 2. Creative communities clarify the scope of their rights and responsibilities under copyright • Code of Best Practices in Fair Use for Software Preservation (2018) • Code of Best Practices in Fair Use for the Visual Arts (2015) • Code of Best Practices in Fair Use for Academic and Research Libraries (2014) • Set of Principles for Fair Use in Journalism (2013) • Code of Best Practices in Fair Use for Online Video (2008) • Code of Best Practices for Fair Use in Poetry (2011) • Code of Best Practices in Fair Use for Media Literacy Education (2006) • Documentary Filmmakers Statement of Best Practices in Fair Use (2005)
  3. 3. 1. If it’s on the Internet, I can copy and use it. 2. As long as I cite my source, I can use it. 3. If I’m not making money off it, I can use it. 4. Fair use is too complicated for me – it’s best left to lawyers & administrators. 5. Fair use only applies to critiques and parodies, not student or teacher work. SOME MYTHS & MISINFORMATION
  4. 4. The documents created by these negotiated agreements give them “the appearance of positive law. These qualities are merely illusory, and consequently the guidelines have had a seriously detrimental effect. They interfere with an actual understanding of the law and erode confidence in the law as created by Congress and the courts” --Kenneth Crews, 2001 Educational Use Guidelines are NOT the Law!
  5. 5. EVERYTHING IS COPYRIGHTED Any work of expression in fixed or tangible form
  6. 6. Creative Control The Copyright Act of 1976 grants five rights to a copyright owner: 1. the right to reproduce the copyrighted work; 2. the right to prepare derivative works based upon the work; 3. the right to distribute copies of the work to the public; 4. the right to perform the copyrighted work publicly; and 5. the right to display the copyrighted work publicly.
  7. 7. EVERYTHING IS COPYRIGHTED ..but there are exceptions
  8. 8. The Doctrine of Fair Use For purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research SECTION 107 Copyright Act of 1976
  9. 9. The Doctrine of Fair Use “It not only allows but encourages socially beneficial uses of copyrighted works such as teaching, learning, and scholarship. Without fair use, those beneficial uses— quoting from copyrighted works, providing multiple copies to students in class, creating new knowledge based on previously published knowledge—would be infringements. Fair use is the means for assuring a robust and vigorous exchange of copyrighted information.” --Carrie Russell, American Library Association
  10. 10. Using Copyrighted Material: Four Choices for the Creative Individual Ask Permission PAY A LICENSE FEE CLAIM AN EXEMPTION Use it Without Permission or Payment DON’T USE IT Use PUBLIC DOMAIN, ROYALTY-FREE or CREATIVE COMMONS LICENSED CONTENT 1 3 2 4
  11. 11. Four Factors of Fair Use 107
  12. 12. Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006) DK directly contacted BGA to negotiate a license agreement, but the parties disagreed as to an appropriate license fee.
  13. 13. Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006) DK reproduced seven images originally depicted on Grateful Dead event posters and tickets, displayed in significantly reduced form and accompanied by captions describing the concerts they represent.
  14. 14. Court Ruled DK’s Unlicensed Use of Images was a Transformative Use The purpose of the original: To generate publicity for a concert. UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
  15. 15. Court Ruled DK’s Unlicensed Use of Images was a Transformative Use The purpose of the original: To generate publicity for a concert. The purpose of the new work: To document and illustrate the concert events in historical context. UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
  16. 16. https://osc.hul.harvard.edu/assets/files/GratefulDead.pdf
  17. 17. TRANSFORMATIVENESS The court considered “whether the new work merely supersedes the objects of the original creation, or whether and to what extent it is 'transformative,' altering the original with new expression, meaning, or message.” The more transformative the new work, the less will be the significance of other factors, like commercialism, that may weigh against a finding of fair use." 1994 (Campbell v. Acuff-Rose Music, 510 U.S. 569)
  18. 18. User Rights, Section 107
  19. 19. Educational Publishers Rely on Fair Use to Create Curriculum Resources
  20. 20. Learners Rely on Fair Use for Media Projects
  21. 21. Exercising Your Fair Use Reasoning Involves Critical Thinking
  22. 22. 1. Did your use of the work re-purpose or transform the copyrighted material? 2. Does your use merely re-transmit the original work? Could your work serve as a substitute or replacement for the original? 3. Did you use only the amount needed to accomplish your purpose? Critical Questions for Making a Fair Use Determination
  23. 23. Copying to merely exploit the popularity of another’s work Copying that become a substitute or replacement for the original
  24. 24. Warren Publishing Co. v. Spurlock Vanguard Productions, 2009 The book publisher had obtained licenses from the artist directly but the magazine pubisher claimed copyright under work-made-for-hire principles.
  25. 25. An Example of Transformative Use The purpose of the original: to entertain audiences The purpose of the new work: to provide a biography and retrospective analysis of the artist’s work
  26. 26. SOFA ENTERTAINMENT V. DODGER PRODUCTIONS (2013) Dodger Productions used 7 seconds of the Ed Sullivan Show in their Broadway musical The Jersey Boys without paying a license fee
  27. 27. An Example of Transformative Use The purpose of the original: to entertain audiences The purpose of the new work: to mark an important historical moment in the history of the musical group.
  28. 28. An Example of Transformative Use “Moreover, because the use of the clip is transformative, the fact that Jersey Boys is a commercial production is of little significance” SOFA ENTERTAINMENT V. DODGER PRODUCTIONS (2013)
  29. 29. SOFA was also ordered to pay $150,000 to Dodger to reimburse their legal fees “Lawsuits of this nature . . . have a chilling effect on creativity insofar as they discourage the fair use of existing works in the creation of new ones. When a fee award encourages a defendant to litigate a meritorious fair use claim against an unreasonable claim of infringement, the policies of the Copyright Act are served. Therefore, we conclude that the district court’s award of attorney fees to Dodger was justified.
  30. 30. Dr. Seuss Enterprises. v. Penguin Books 1997 "One Knife? / Two Knife? / Red Knife / Dead Wife."
  31. 31. “These stanzas and the illustrations simply retell the Simpson tale. Although The Cat NOT in the Hat! does broadly mimic Dr. Seuss' characteristic style, the stanzas have "no critical bearing on the substance or style of" The Cat in the Hat. They merely use the Cat's stove-pipe hat, the narrator, and the title "to get attention" or maybe even "to avoid the drudgery in working up something fresh." Not Transformative
  32. 32. Because there is no effort to create a transformative work with "new expression, meaning, or message," the infringing work's commercial use further cuts against the fair use defense Not Transformative
  33. 33. In 1994, David W. Stowe, a professor at Michigan State University, wrote Swing Changes: Big-Band Jazz in New Deal America, a book about the cultural milieu of big-band jazz, published by Harvard University Press. He wanted to reproduce cartoons from Down Beat magazine to illustrate the racism and sexism of the era. But the magazine refused because "the drawings made the magazine ‘look bad.’" The publisher feared a lawsuit, and so did not claim fair use to the images. Their decision gave the magazine a chance to stifle criticism.
  34. 34. Exercising Your Fair Use Reasoning Involves Critical Thinking
  35. 35. 1. Did your use of the work re-purpose or transform the copyrighted material? 2. Does your use merely re-transmit the original work? Could your work serve as a substitute or replacement for the original? 3. Did you use only the amount needed to accomplish your purpose? Critical Questions for Making a Fair Use Determination
  36. 36. IMPLICATIONS 1. Authors should be responsible for permissions and fair use judgments 2. Authors need to learn to distinguish between when they need permission and when they can claim fair use 3. Publishers can educate authors who mistakenly think that citation automatically deems material fair use 4. Publishers should treat marketing images very differently from reproductions inside the book 5. Publishers who require permissions in every case risk stifling creative expression and the creation of new knowlege
  37. 37. TRANSFORMATIVENESS Implications for Publishers Implications for Creativity Implications for Culture
  38. 38. Renee Hobbs Media Education Lab University of Rhode Island EMAIL: hobbs@uri.edu Web: www.mediaeducationlab.com

×