DOCSLIB.ORG

Panel Discussion on Libraries and Best Practices in Fair Use Andrée J

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Panel Discussion on Libraries and Best Practices in Fair Use Andrée J University of Rhode Island DigitalCommons@URI Technical Services Department Faculty Publications Technical Services 2012 Panel Discussion on Libraries and Best Practices in Fair Use Andrée J. Rathemacher University of Rhode Island, [email protected] Follow this and additional works at: http://digitalcommons.uri.edu/lib_ts_pubs Part of the Intellectual Property Law Commons, and the Library and Information Science Commons Citation/Publisher Attribution Rathemacher, Andrée J., "Panel Discussion on Libraries and Best Practices in Fair Use" (2012). Technical Services Department Faculty Publications. Paper 56. http://digitalcommons.uri.edu/lib_ts_pubs/56 This Article is brought to you for free and open access by the Technical Services at DigitalCommons@URI. It has been accepted for inclusion in Technical Services Department Faculty Publications by an authorized administrator of DigitalCommons@URI. For more information, please contact [email protected]. Panel Discussion on Libraries and Best Practices in Fair Use Andrée J. Rathemacher Abstract This report covers a panel discussion on the Code of Best Practices in Fair Use for Academic and Research Librarie s, published in January 2012 by the Association of Research Libraries (ARL) [1]. The panel was held at the Massachusetts Institute of Technology (MIT) on March 23, 2012 and was hosted by the MIT Libraries. Panelists were Patricia Aufderheide of the Center for Social Media at American University, Brandon Butler of ARL, Kyle Courtney of Harvard Law School, and Jay Wilcoxson of MIT. Fair Use and Research Librarians The panelists were introduced by MIT librarians Diane Geraci, Associate Director for Information Services, and Ellen Duranceau, Program Manager, Scholarly Publishing and Licensing, who explained that the co-facilitators of the Code are in the process of speaking to librarians around the country to discuss how its principles can help solve local challenges and improve policies dealing with copyright and fair use. Patricia Aufderheide spoke first. Aufderheide is University Professor in the School of Communication at American University and founder of the Center for Social Media there. She heads the Fair Use and Free Speech research project at the Center and is the co-author, with Peter Jaszi, of the book Reclaiming Fair Use: How to Put Balance Back in Copyright, published last year. Aufderheide explained that creating codes of best practice for fair use [2] is important because judges take into account the common practices of a given community when deciding fair use cases. If embraced by the academic library community, the Code of Best Practices in Fair Use for Academic and Research Librarie s will help provide a solid legal foundation for many current library practices and give librarians more confidence in exercising their fair use rights. Aufderheide clarified that the purpose of copyright law as written and understood by legal scholars and judges is not to protect content creators (that is just a tactic), but to promote the creation of culture. Copyright law does this by rewarding creators with a limited monopoly while also encouraging new uses of existing culture. This balance is essential. Culture is the currency of a civilization, and all new culture references existing culture. If culture is locked up such that existing copyright owners become private censors, then creators can only make new culture that others let them make. Culture is social, collective, and collaborative, and it is the principle of fair use —the legal, unauthorized use of copyrighted material under some circumstances —that balances the interests of copyright owners and creators of new culture. If society allowed existing copyright holders to privately censor uses of their work in perpetuity, this would violate the First Amendment of the U.S. Constitution. The exceptions and limitations of copyright as embodied in fair use are a core feature of copyright law, not a special favor. Brandon Butler, Director of Public Policy Initiatives at ARL, added that fair use is flexible. This flexibility opens up space for creativity not just by creators, but also by lawyers and judges. Fair use is neither black-and-white nor quantifiable. It is a space where a smart lawyer confronting a new situation can apply new ways of thinking. For over a century, fair use was not part of the written copyright law. The concept of fair use was created in the 1840s by a judge exercising his common law power to not enforce the law when it seemed unfair. Only in the 1976 revision of copyright law was fair use put into writing, and even then Congress made it explicit that judges would continue to have a wide degree of latitude in their interpretations of fair use. When ruling on a fair use case, judges consider four factors. The first factor is the reason for the use: Is someone simply trying to profit unfairly from another person ’s work, or are they doing something new and different? Second, what kind of work was used? Butler explained that this factor has been the home of some bad doctrines. It used to be the case that if a creator wanted to make use of someone else ’s work and that work was not published, judges believed that the creator could not use it, as they mistakenly believed that the original author had the absolute right to decide when his or her work would be published. This notion was ultimately rejected, and now the fact that something is unpublished does not bar it from being used under fair use. A third factor for consideration is the amount of the original work used. It was formerly the case that if a creator made use of an entire work by someone else, the use was not considered fair. This interpretation, too, has been discarded over the last few decades; current interpretations of fair use law are more nuanced and consider whether the amount used was appropriate. The fourth factor is effect on the market. Here , too, interpretations have evolved. This factor used to be the most important: whether or not the use in question damaged the market for the original work. However, just because copyright holders can be paid when their work is used by others does not mean that they should be paid. A more important question is whether the use in question has an effect on the legitimate market for the original work. Butler explained that judges in recent years have given more weight to the balancing features of fair use, as copyright laws have become more restrictive, with automatic protection for all creative works, longer terms, and increased awards for damages. The Supreme Court has ruled that fair use is covered by First Amendment protections of free speech; if it were not for the right of fair use, copyright would be an unconstitutional regime because it would allow private censorship by copyright holders. When the Supreme Court in the recent Golan v. Holder case restored copyright status to foreign works previously in the public domain, the justices argued that fair use would serve as an effective counterweight to the increased copyright protections. This shift in judicial interpretations of fair use was heavily influenced by Judge Pierre N. Leval ’s 1990 article in the Harvard Law Review [3] that focused on the role of “transformativeness ” in fair use. Judges now tend to apply Leval ’s two-step test, asking first if the use is transformative (i.e. used for a new purpose, context, audience, or insight) and second if the appropriate amount was used to satisfy the transformative use. In addition to the two-step test, important factors in fair use decisions are custom and the practice of individual creative communities, especially when these are well-documented. In a 2004 article that appeared in the William & Mary Law Review [4], University of Pittsburgh law professor Michael J. Madison examined past fair use decisions looking for commonalities. He found that judges tended to support the creative activities of legitimate communities that could articulate the values that motivated their cultural practices. It was this insight that lead to the development of best practices codes. Aufderheide explained that she and Peter Jaszi began their work to create codes of best practices because, despite the liberal interpretations of fair use espoused by legal scholars, creators wanted more comfort in making their individual decisions. The Center for Social Media has facilitated the creation of fair use codes for a number of communities, including documentary filmmakers, film scholars, media literacy educators, users of dance-related materials, and creators of online video and OpenCourseWare. Documentary filmmakers were startled to discover, when they examined their practices, that there were a number of topics they shied away from making films about, for example anything to do with popular music and movies, public affairs, news, and parody. The filmmakers engaged in lengthy discussions about the practices that they themselves thought should fall under fair use. They identified four situations common in documentary filmmaking in which fair use should apply and documented them in a code of practice. Within weeks, documentary films were being shown at the Sundance Film Festival with clearances that would not have been possible without the code. Over the course of the next year, and because they had this code to guide them, insurers of errors and omissions in documentary films agreed (for the first time in two decades) to insure for fair use. Fair use claims are now being covered at no added cost. Aufderheide stressed that these are codes of best practices, not guidelines. They are principles, not rules; limitations, not bans; and require reasoning in their application, not rote. She explained that fair use matters to librarians because it enables them to fulfill their mission of preserving knowledge and carrying it forward to the future.
Load more

Recommended publications
  • Report of the Arl Joint Task Force on Services to Patrons with Print Disabilities
    REPORT OF THE ARL JOINT TASK FORCE ON SERVICES TO PATRONS WITH PRINT DISABILITIES November 2, 2012 Mary Case, Chair (Illinois at Chicago) Cynthia Archer (York) Nancy Baker (Iowa) Will Cross (North Carolina State) John Harwood (Penn State) Sarah Hawthorne (California, Berkeley) Kurt Herzer (Johns Hopkins) Tito Sierra (MIT) Ed Van Gemert (Wisconsin–Madison) Tom Wall (Boston College) ARL Staff Liaisons: Prue Adler Judy Ruttenberg © 2012 ARL. This report is licensed under a Creative Commons Attribution­ Noncommercial-Share Alike 3.0 United States License. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc-sa/3.0/us/. 1 TABLE OF CONTENTS I. EXECUTIVE SUMMARY 4 FINDINGS 6 RECOMMENDATIONS 8 II. PRINT DISABILITIES, LIBRARIES, AND HIGHER EDUCATION 10 SIDEBAR: ADAPTIVE TECHNOLOGY FOR PRINT DISABILITIES 11 PRINT DISABILITIES AND THE POPULATION 14 III. US AND CANADIAN DISABILITY POLICIES, RECENT CHALLENGES, AND US AND CANADIAN COPYRIGHT LAW 15 RECENT CHALLENGES TO INSTITUTIONAL PRACTICES 16 AIM COMMISSION 19 US COPYRIGHT LAW AND ISSUES FOR PRINT-DISABILITIES SERVICES 20 AUTHORS GUILD V. HATHITRUST LITIGATION 23 US ENGAGEMENT WITH WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO) 24 DISABILITY AND COPYRIGHT LAW IN CANADA 24 LICENSING ISSUES 26 IV. RESEARCH LIBRARIES AND INDIVIDUALS WITH PRINT DISABILITIES 27 RETROSPECTIVE PRINT COLLECTIONS 27 LICENSED ELECTRONIC RESOURCES 28 LIBRARY WEBSITE ACCESSIBILITY 29 ELECTRONIC-BOOK READERS 30 USER SERVICES 31 SIDEBAR: ONTARIO COUNCIL OF UNIVERSITY LIBRARIES (OCUL) REPOSITORY 33 V. UNIVERSAL DESIGN, INCLUSIVE DESIGN, ACCESSIBILITY, AND USABILITY 35 VI. CONCLUSION 39 VII. APPENDIX A: MODEL LICENSING LANGUAGE 40 ARL is deeply grateful to Howard P. Knopf, Counsel, Macera & Jarzyna/Moffat & Co., and Peter Jaszi, Washington College of Law, American University, for their assistance in framing the copyright discussions in this report.
    [Show full text]
  • Code of Best Practices in Fair Use for Academic and Research Libraries
    CODE OF BEST PRACTICES IN FAIR USE FOR ACADEMIC AND RESEARCH LIBRARIES JANUARY 2012 CODE OF BEST PRACTICES IN FAIR USE FOR ACADEMIC AND RESEARCH LIBRARIES JANUARY 2012 COORDINATORS Association of Research Libraries Center for Social Media, School of Communication, American University Program on Information Justice and Intellectual Property, Washington College of Law, American University CODE OF BEST PRACTICES IN FAIR USE FOR ACADEMIC AND RESEARCH LIBRARIES CODE OF BEST PRACTICES IN FAIR USE FOR ACADEMIC AND RESEARCH LIBRARIES January 2012 INTRODUCTION The mission of academic and research librarians is to enable teaching, learning, and research.1 Along with serving current faculty, researchers, and students (especially graduate students), these librarians also serve the general public, to whom academic and research libraries are often open. Finally, academic and research librarians are committed to faculty, researchers, and students of the future, who depend on the responsible collection, curation, and preservation of materials over time. Copyright law affects the work of academic and research librarians pervasively and in complex ways, because the great bulk of these librarians’ work deals with accessing, storing, exhibiting, or providing access to copyrighted material. The rights of copyright holders create incentives for the publication of important work that forms the core of library collections, while at the same time constraining academic and research librarians in the exercise of their mission. Similarly, limitations on and exceptions to copyright rights enable academic and research librarians to use copyrighted materials in important ways, but impose limits and responsibilities of their own. In addition to specific exceptions for libraries and educators, academic and research librarians use the important general exemption of fair use to accomplish their mission.
    [Show full text]
  • Copyright, Fair Use and Motion Pictures*
    Copyright, Fair Use and Motion Pictures* Motion Pictures and Copyright Discipline By Peter Jaszi Washington College of Law, Program on Information Justice and Intellectual Property * An earlier version of this essay appeared in the Oxford Handbook of Film and Media Studies (R. Kolker ed. 2007). Consider the following passage, drawn from the case report of what appears to have been the first published report of a copyright infringement involving the new art of motion pictures in the United States: The complainant's operator, by means of a pivoted camera of special construction, designed and owned by complainant, took in rapid succession, on a single highly sensitized celluloid film 300 feet long, 4,500 pictures, each of which was a shade different from its predecessor and successor, and all of which collectively represented at different points Kaiser Wilhelm's yacht Meteor while being christened and launched. From this film or negative a positive reproduction was made on a celluloid sheet by light exposure. The value of such celluloid reproduction is that by means of an appliance similar to a magic lantern these views may be thrown on a screen in rapid succession so as to give the effect of actual motion, and pictorically reproduce launching precisely as it took place. This positive celluloid sheet was sent by the complainant to the Department of the Interior, and by it copyrighted to him as proprietor under "the title of a photograph, the title to which is in the following words, to wit, 'Christening and Launching Kaiser Wilhelm's Yacht Meteor.'" The complainant thereafter placed on the copies thereof issued by him a notice of copyright inscribed on a celluloid plate fastened on the front and at one end of the sheet.
    [Show full text]
  • Fair Use Challenges in Academic and Research Libraries Peter Jaszi American University Washington College of Law, [email protected]
    American University Washington College of Law Digital Commons @ American University Washington College of Law Copyright, Fair Use & Open Access Public Impact 12-1-2010 Fair Use Challenges in Academic and Research Libraries Peter Jaszi American University Washington College of Law, [email protected] Follow this and additional works at: http://digitalcommons.wcl.american.edu/pijip_copyright Part of the Intellectual Property Commons Recommended Citation Adler, Prudence, Brandon Butler, Patricia Aufderheide, and Peter A Jaszi. Fair Use Challenges in Academic and Research Libraries. Washington, DC: Association of Research Libraries, December 2010. This Report is brought to you for free and open access by the Public Impact at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Copyright, Fair Use & Open Access by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Fair Use Challenges in Academic and Research Libraries December 20, 2010 Co-principal investigators: Prudence Adler, Associate Executive Director, ARL Brandon Butler, Director of Public Policy Initiatives, ARL Patricia Aufderheide, University Professor, School of Communication, American University Peter Jaszi, Professor, Washington College of Law, American University Fair Use Challenges in Academic and Research Libraries Executive Summary This report summarizes research into the current application of fair use to meet the missions of U.S. academic and research libraries. Sixty-five librarians were interviewed confidentially by telephone for around one hour each. They were asked about their employment of fair use in five key areas of practice: support for teaching and learning, support for scholarship, preservation, exhibition and public outreach, and serving disabled communities.
    [Show full text]
  • Invitation to Friday's Preconference
    Invitation to Friday's Preconference As chair of ALA's Video Round Table, I'd like to extend to you an invitation to attend a very special preconference the VRT is hosting at American University on Friday afternoon of conference. You do not have to be a Video Round Table Member to attend. The event will be held at AU's Washington College of Law, in downtown WA DC. Link to ALA's online registration: http://www.ala.org/ala/eventsandconferencesb/annual/2007a/registration.htm#how Please note: the code for preconference registration is: VR1 · For those who have not yet signed up for conference, please register for the preconference along with your conference registration. · If you've already registered for conference, and would like to add the preconference, this same page will inform you how to "add events." User Rights at Risk in Video and Film: Issues for Media Librarians Friday, June 22, 2007, 2:00 pm - 6:00 pm Offsite location: American University Washington College of Law, 4801 Massachusetts Avenue, NW, WA DC 20016, Room 603 Focuses on user rights under copyright law, including fair use and the right to use orphan works. Features a major new initiative on fair use, which created the "Documentary Filmmakers' Statement of Best Practices in Fair Use." Speakers include experts from filmmaking, legal, academic and practitioner communities. The preconference provides the latest information on orphan works, and explores how librarians' service to users and their own user rights are affected by current practices and trends. Our hosts and speakers: Peter Jaszi, Professor of Law, Washington College of Law, American University, Faculty Director of the Glushko- Samuelson Intellectual Property Clinic Peter Jaszi, along with WCL Professor Christine Haight Farley, co-founded the Glushko-Samuelson Intellectual Property Law Clinic.
    [Show full text]
  • Testimony of Professor Peter Jaszi I Hereby Request the Opportunity To
    Testimony of Professor Peter Jaszi I hereby request the opportunity to testify at the USTR public hearing on the GSP country practice review of South Africa I am an attorney and Emeritus Professor of Law at the Washington College of Law, American University, Washington, D.C. I have served as a Trustee of the Copyright Society of the U.S.A., and currently sit on the Editorial Board of its Journal; in 1994, I served as an appointed member of the Librarian of Congress’ Advisory Committee on Copyright Notice and Deposit. With Patricia Aufderheide, I was as a drafter of the Documentary Filmmakers’ Statement of Best Practices on Fair Use, released in 2005. Since then, I’ve assisted in the creation of such documents by various practices communities -- including teachers, artists, poets, librarians, and archivists. My publications entitled “Copyright, Fair Use and Motion Pictures,” that appeared in the 2007 volume of the Utah Law Review, and “Fair Use and Education: The Way Forward,” in Volume 24 of Law and Literature (2012), and in 2018, the University of Chicago Press published the second edition of Reclaiming Fair Use, which I co-wrote with Prof. Aufderheide. I have been following the copyright law reform process in South Africa closely, and I offer the following opinion in my personal capacity. These remarks are limited to addressing actual and potential objections to the Copyright Amendment Bill (CAB) based on its treatment of exceptions of general applicability, and (in particular) its introduction (in Section 13) of fair use into South African law. It seems anomalous that the creative industries in a country where fair use is a venerable part of the law would object to another nation’s decision to adopt it as part of an effort to promote domestic innovation.
    [Show full text]
  • Is There Such a Thing As Postmodern Copyright?
    Is There Such a Thing as Postmodern Copyright? Peter Jaszi* I. INTRODUCTION ................................................................................. 105 II. COPYRIGHT LAW AND CULTURE ...................................................... 106 A. Authorship and Modernism ................................................... 107 B. Postmodern Copyright? .......................................................... 109 III. ROGERS V. KOONS ............................................................................. 110 IV. BLANCH V. KOONS ............................................................................ 113 V. TELLING A TALE OF TWO KOONS—ROMANTIC AUTHORSHIP REDUX OR THE RISE OF “TRANSFORMATIVENESS” OR . ? ............ 114 VI. POSTMODERN COPYRIGHT ............................................................... 116 A. The Second Circuit the Second Time Around ....................... 116 B. Another Swallow: Sony Corp. of America v. Universal Studios, Inc. ............................................................................. 117 VII. CARTOON NETWORK LP V. CSC HOLDINGS INC. ............................. 118 VIII. CONCLUSION .................................................................................... 120 I. INTRODUCTION Back in 1992, artist/entrepreneur Jeff Koons suffered a humiliating setback when the United States Court of Appeals for the Second Circuit repudiated the suggestion that his reuse of objects from public culture might constitute a “fair use” defense to a copyright infringement claim.1 Fourteen years
    [Show full text]
  • Literary Property and Copyright Alina Ng Mississippi College School of Law
    Northwestern Journal of Technology and Intellectual Property Volume 10 | Issue 7 Article 4 2012 Literary Property and Copyright Alina Ng Mississippi College School of Law Recommended Citation Alina Ng, Literary Property and Copyright, 10 Nw. J. Tech. & Intell. Prop. 531 (2012). https://scholarlycommons.law.northwestern.edu/njtip/vol10/iss7/4 This Article is brought to you for free and open access by Northwestern Pritzker School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of Technology and Intellectual Property by an authorized editor of Northwestern Pritzker School of Law Scholarly Commons. NORTHWESTERN J O U R N A L OF TECHNOLOGY AND INTELLECTUAL PROPERTY Literary Property and Copyright Alina Ng October 2012 VOL. 10, NO. 7 © 2012 by Northwestern University School of Law Northwestern Journal of Technology and Intellectual Property Copyright 2012 by Northwestern University School of Law Volume 10, Number 7 (October 2012) Northwestern Journal of Technology and Intellectual Property Literary Property and Copyright By Alina Ng* I. INTRODUCTION ¶1 Copyright laws emerged out of necessity when the earliest printing presses were introduced into the book trade. After the Statute of Anne codified an assortment of censorship, licensing, and trade-control rules to produce the world’s first copyright statute in 1710,1 it soon became clear in the United Kingdom and in the United States that all rights in creative works were provided by statute.2 Copyright laws have steadily expanded since the Statute of Anne to protect owners of creative works. In the past decade, attacks on these expansions by left-leaning critics have become visceral and intense.
    [Show full text]
  • Aufderheide, Patricia, and Peter Jaszi
    Vol. 104:2 [2012-23] KeepINg Up WIth NeW LegAL tItLeS 313 Aufderheide, Patricia, and Peter Jaszi. Reclaiming Fair Use: How to Put Balance Back in Copyright. Chicago: University of Chicago Press, 2011. 199p. $50. Reviewed by Benjamin J. Keele ¶1 The affirmative defense of fair use is one of the most vexing aspects of copy- right law. Though codified in a statutory section that is only 175 words long,1 the doctrine has generated numerous law review articles2 and a major treatise3 dedi- cated to analyzing its history and judicial application. When fair use so often baffles legal professionals, it seems unfair to expect lay citizens to rely on it as justification for the use of copyrighted works in their own creative endeavors. American University professors Patricia Aufderheide (School of Communication) and Peter Jaszi (Washington College of Law) offer codes of best practices as one solution to this problem. Developed by individual creative communities, these codes “represent . the community’s current consensus about acceptable practices for the fair use of copyrighted materials”4 and function as tools that can help users gauge whether a particular use of copyrighted material qualifies as fair. Aufderheide and Jaszi’s new book, Reclaiming Fair Use: How to Put Balance Back in Copyright, serves both as a manual for developing these codes of best practices and as a readable story that recounts the historical development of fair use. ¶2 The first half of the book summarizes the origins and the history of fair use. In large part, this account is also the more general tale of U.S.
    [Show full text]
  • L. Ray Patterson
    Journal of Intellectual Property Law Volume 10 Issue 2 Symposium: Articles in Honor of Professor L. Article 2 Ray Patterson March 2003 Introduction - L. Ray Patterson: Copyright (and Its Master) in Historical Perspective Craig Joyce Institute for Intellectual Property & Information Law, University of Houston Law Center Follow this and additional works at: https://digitalcommons.law.uga.edu/jipl Part of the Intellectual Property Law Commons Recommended Citation Craig Joyce, Introduction - L. Ray Patterson: Copyright (and Its Master) in Historical Perspective, 10 J. Intell. Prop. L. 239 (2003). Available at: https://digitalcommons.law.uga.edu/jipl/vol10/iss2/2 This Front Matter is brought to you for free and open access by Digital Commons @ Georgia Law. It has been accepted for inclusion in Journal of Intellectual Property Law by an authorized editor of Digital Commons @ Georgia Law. Please share how you have benefited from this access For more information, please contact [email protected]. Joyce: Introduction - L. Ray Patterson: Copyright (and Its Master) in Hi JOURNAL OF INTELLECTUAL PROPERTY LAW VOLUME 10 SPRING 2003 NUMBER 2 SYMPOSIUM ARTICLES IN HONOR OF PROFESSOR L. RAY PAT=ERSON INTRODUCTION1 L. RAY PATTERSON: COPYRIGHT (AND ITS MASTER) IN HISTORICAL PERSPECTIVE CraigJoyce 2 There is no kgal concept so importantto so many that is understood by so few as copyright. 3 -Lyman Ray Patterson During a long and distinguished career, L. Ray Patterson, Pope Brock Professor at the University of Georgia School of Law, has been called many things-most of them complimentary!4 No one else-not even Benjamin Kaplan, Mel Nimmer or Alan Latman, those other Masters of Copyright with whom Ray rightly can be compared-has had The following remarks were solicited as the Introduction to this Symposium issue and delivered by the author at the Annual Banquet of the JOURNAL OF INTELLECTUAL PROPERTY LAW in Athens, Georgia, on April 17, 2003.
    [Show full text]
  • Code of Best Practices in Fair Use for the Visual Arts
    Code of Best Practices in Fair Use for the Visual Arts COLLEGE ART ASSOCIATION Funded by the Andrew W. Mellon Foundation Additional support provided by the Samuel H. Kress Foundation Code Of Best Practices in Fair Use for the Visual Arts FEBRUARY 2015 Funded by the Andrew W. Mellon Foundation Additional support provided by the Samuel H. Kress Foundation MESSAGE FROM THE CAA PRESIDENT The mission of the College Art Association (CAA) is to promote the visual arts and their understanding through advocacy, intellectual engagement, and a commitment to the diversity of practices and practitioners. CAA contributes to the visual arts profession as a whole through scholarly publications, advocacy, exchange of research TABLE OF CONTENTS and new work, and the development of standards and guidelines that reflect the best practices of the field. The Code of Best Practices in Fair Use for the Visual Arts is based on a 2 Message from the CAA President consensus of professionals in the visual arts who use copyrighted images, texts, and other materials in their creative and scholarly work and who, through 5 Introduction discussion groups, identified best practices for using such materials. They included 6 Why the Code? art and architectural historians, artists, designers, curators, museum directors, 6 When the Code Does and Does Not Apply educators, rights and reproduction officers, and editors at scholarly publishers and journals. 7 Applying the Code CAA is grateful to Lead Principal Investigators Patricia Aufderheide and Peter Jaszi of American University for their oversight and execution of this project, 9 Code of Best Practices including their surveying nearly 12,000 CAA members on their use of copyrighted 9 One: Analytic Writing materials, conducting 100 interviews to identify key issues, facilitating discussions 10 Two: Teaching about Art with another 120 visual arts professionals to understand and identify points of consensus concerning best practices in use of such materials and, finally, articulating 11 Three: Making Art that consensus in the Code of Best Practices.
    [Show full text]
  • Literary Property and Copyright Alina Ng Mississippi College School of Law, [email protected]
    Mississippi College School of Law MC Law Digital Commons Journal Articles Faculty Publications 2012 Literary Property and Copyright Alina Ng Mississippi College School of Law, [email protected] Follow this and additional works at: https://dc.law.mc.edu/faculty-journals Part of the Intellectual Property Law Commons Recommended Citation Alina Ng, Literary Property and Copyright, 10 Nw. J. Tech. & Intell. Prop. 531 (2012). This Article is brought to you for free and open access by the Faculty Publications at MC Law Digital Commons. It has been accepted for inclusion in Journal Articles by an authorized administrator of MC Law Digital Commons. For more information, please contact [email protected]. Northwestern Journal of Technology and Intellectual Property Volume 10 | Issue 7 Article 4 2012 Literary Property and Copyright Alina Ng Mississippi College School of Law Recommended Citation Alina Ng, Literary Property and Copyright, 10 Nw. J. Tech. & Intell. Prop. 531 (2012). http://scholarlycommons.law.northwestern.edu/njtip/vol10/iss7/4 This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of Technology and Intellectual Property by an authorized administrator of Northwestern University School of Law Scholarly Commons. NORTHWESTERN J O U R N A L OF TECHNOLOGY AND INTELLECTUAL PROPERTY Literary Property and Copyright Alina Ng October 2012 VOL. 10, NO. 7 © 2012 by Northwestern University School of Law Northwestern Journal of Technology and Intellectual Property Copyright 2012 by Northwestern University School of Law Volume 10, Number 7 (October 2012) Northwestern Journal of Technology and Intellectual Property Literary Property and Copyright By Alina Ng* I.
    [Show full text]