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Full-Text Articles in Law

The Chilling Effect Of Copyright Permissions On Academic Research: The Case Of Communication Researchers, Patricia Aufderheide Jan 2020

The Chilling Effect Of Copyright Permissions On Academic Research: The Case Of Communication Researchers, Patricia Aufderheide

Joint PIJIP/TLS Research Paper Series

Communications researchers in the U.S., who routinely analyze copyrighted material, both qualitatively and quantitatively, face challenges from strict copyright. The doctrine of fair use permits some unpermissioned use of copyrighted works. Survey research shows that researchers routinely need access to copyrighted material; that they are often unsure or confused, even unknowing, about fair use; and that this lack of knowledge and/or familiarity leads to both failure to execute and failure to initiate, or “imagination foregone.” Creating a best practices code has improved knowledge but more institutional change is needed for knowledge to inform action.


Transplanting Fair Use Across The Globe: A Case Study Testing The Credibility Of U.S. Opposition, Niva Elkin-Koren, Neil Weinstock Netanel Jan 2020

Transplanting Fair Use Across The Globe: A Case Study Testing The Credibility Of U.S. Opposition, Niva Elkin-Koren, Neil Weinstock Netanel

Joint PIJIP/TLS Research Paper Series

No abstract provided.


Cracking The Copyright Dilemma In Software Preservation: Protecting Digital Culture Through Fair Use Consensus, Peter Jaszi, Patricia Aufderheide, Brandon Butler, Krista L. Cox Jan 2019

Cracking The Copyright Dilemma In Software Preservation: Protecting Digital Culture Through Fair Use Consensus, Peter Jaszi, Patricia Aufderheide, Brandon Butler, Krista L. Cox

Articles in Law Reviews & Other Academic Journals

Copyright problems may inhibit the crucially important work of preserving legacy software. Such software is worthy of study in its own right because it is critical to accessing digital culture and expression. Preservation work is essential for communicating across boundaries of the past and present in a digital era. Software preservationists in the United States have addressed their copyright problems by developing a code of best practices in employing fair use. Their work is an example of how collective action by users of law changes the norms and beliefs about law, which can in turn change the law itself insofar …


No Comment: Will Cariou V. Prince Alter Copyright Judges’ Taste In Art?, Christine Haight Farley Jan 2015

No Comment: Will Cariou V. Prince Alter Copyright Judges’ Taste In Art?, Christine Haight Farley

Articles in Law Reviews & Other Academic Journals

Even before Campbell v. Acuff-Rose Music, Inc. made transformativeness the name of the game in fair use law, judges have been in search of artistic speech in their copyright fair use determinations, especially in appropriation art cases. Judges often find themselves ascribing meaning both to the defendant’s work and the plaintiff’s work when comparing the two in order to determine whether defendant’s art is new. So while many commentators attribute appropriation artist Jeff Koons’s victory in Blanch v. Koons after a string of losses to the development in fair use law contributed by Campbell, I instead argue that it has …


Fair Use And Education: The Way Forward, Peter Jaszi Apr 2013

Fair Use And Education: The Way Forward, Peter Jaszi

Articles in Law Reviews & Other Academic Journals

The ability to make reasonable fair use of copyrighted material is both economically and culturally important to the enterprise of education. No other feature of copyright laws offers educators access of the same potential scope. In asserting fair use, teachers, librarians, and others cannot rely on a claim of "economic exceptionalism, "for which there is no clear basis in U.S. copyright law. Nor can they expect to arrive at satisfactory shared understandings with copyright owners. Instead, they should seek to take advantage of current trends in copyright case law, including the marked trend toward preferring uses that are "transformative," where …


Copyright In The Classroom: Why Comprensive Copyright Education Is Necessary In United States K-12 Education Curriculum, Eric Perrott Oct 2012

Copyright In The Classroom: Why Comprensive Copyright Education Is Necessary In United States K-12 Education Curriculum, Eric Perrott

Intellectual Property Brief

No abstract provided.


Reverse Engineering: Exploitation For Benefit Of All, Daniel Lee Sep 2012

Reverse Engineering: Exploitation For Benefit Of All, Daniel Lee

Intellectual Property Brief

No abstract provided.


Getting To Best Practices - A Personal Voyage Around Fair Use, Peter Jaszi Apr 2010

Getting To Best Practices - A Personal Voyage Around Fair Use, Peter Jaszi

Articles in Law Reviews & Other Academic Journals

These days, I view fair use as a central feature of the law around our information ecology - its presence reminding us, from day to day, that there is more to copyright than maximization, and that innovation happens when the doctrinal settings are loose enough to permit a good deal of "play" (literally and figuratively) in the system. But before the mid-1990s I thought little about the fair use doctrine and did less. As I suspect may be true of other copyright lawyers of my generation (and the ones preceding it, I spent most of my professional career taking fair …


Untold Stories In South Africa: Creative Consequences Of The Rights Clearance Culture For Documentary Filmmakers, Sean M. Flynn, Peter A. Jaszi Jan 2010

Untold Stories In South Africa: Creative Consequences Of The Rights Clearance Culture For Documentary Filmmakers, Sean M. Flynn, Peter A. Jaszi

PIJIP Faculty Scholarship

This report summarizes research on the perceptions of South African documentary filmmakers about copyright clearance requirements and the effect of such requirements on their work. This work was performed in the context of a larger project exploring how lessons learned from “best practices” projects with documentary filmmakers in the U.S. can help their counterparts in other countries identify and overcome barriers to effective film making posed by escalating copyright clearance requirements.


Recut, Reframe, Recycle: The Shaping Of Fair Use Best Practices For Online Video, Peter Jaszi Jan 2010

Recut, Reframe, Recycle: The Shaping Of Fair Use Best Practices For Online Video, Peter Jaszi

Articles in Law Reviews & Other Academic Journals

This article discusses the intertwining of creative and copyright practices, as demonstrated by the emergence and evolution of standards to assess fair use in online video from 2007-2009. The development of such standards demonstrates the effectiveness of community-based standards to expand the utility of fair use and the importance of practice in affecting the interpretation of law. This process demonstrates the relationship between copyright practice and creative practice.


Is There Such A Thing As Postmodern Copyright?, Peter Jaszi Jan 2009

Is There Such A Thing As Postmodern Copyright?, Peter Jaszi

Articles in Law Reviews & Other Academic Journals

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. Fourteen years later, in a case that again involved a photographer's claim of copyright infringement, Koons triumphed in the same judicial forum. What had changed? This Article explores, in particular, one among a variety of alternative explanations: Koons may have caught the very leading edge of a profound wave of change in the social and cultural conceptualization …


Code Of Best Practices In Fair Use For Online Video, Peter A. Jaszi, Patricia Aufderheide Jan 2008

Code Of Best Practices In Fair Use For Online Video, Peter A. Jaszi, Patricia Aufderheide

Copyright, Fair Use & Open Access

Until the release of these best practices, anyone uploading a video ran the risk of becoming inadvertently entangled in an industry skirmish, as media companies struggle to keep their programs from circulating on the internet. This document is a code of best practices created by a collaborative team of media scholars and lawyers, to help creators, online providers, copyright holders, and others interested in the making of online video, interpret the copyright doctrine of fair use in online video. The code identifies, among other things, six kinds of unlicensed uses of copyrighted material that may be considered fair, under certain …