FAIR USE FOR FILM TEACHERS Patricia AufderheideCenter for Media & Social Impact, American UniversityDecember 2015

WHERE WE’RE GOINGWHAT IS FAIR USE

WHY SHOULD YOU TEACH IT

HOW SHOULD YOU TEACH IT

WHERE YOU CAN GET HELP

WHAT IS FAIR USE?And why is it so important to copyright?

FAIR USEThe right to use copyrighted

material without permission or payment….

A right? Yes!…under some circumstances.

WHY FAIR USE? Copyright is a limited monopoly, in

service of the policy to “promote science [=knowledge/culture]”

Fair use is the most important limitation today.

Fair use safeguards the First Amendment

Keeps copyright from being unconstitutional

COURTS ARE PRO-FAIR USE Google Books Hathi Trust Georgia State Richard Prince Dorling Kindersley And many more

JUDGES ASK: Is there a “transformative” purpose? Was the amount/way of taking aligned

with the purpose? Is this consistent with best practices in

the field in question? (These questions interpret the dreaded

“four factors” usefully.)

AND WHAT ABOUT THE RISK?

Well…ARE WE TALKING ABOUT….

This? Or this?

RISKS Rights = Risks Risks are everywhere Professionals manage risk SO….

What are your tools to manage risk in fair use?

FIELD CONSENSUS

In use over a decadeFour common situationsNo legalese No complaints from copyright holders

TEACHING FAIR USEWHY?

IT’S INDUSTRY STANDARD

Insurers all accept fair use (100%) Broadcasters accept fair use (95+%) Lawyers write fair use letters routinely Most documentarians have used it in

their recent productions

BUT WHAT IF OTHERS USE MY STUFF FOR FREE?

FILMMAKERS SAY…. No one has lost money from others’ fair

use Negotiations with rightsholders can be

easier Work is better More work can be made

TEACHING FAIR USEHOW?

AND IF YOU STILL NEED HELP…

OPTIONS! DWG members proficient in fair use will

mentor others, if those mentees will agree later to be mentors Contact: Mayra Linares, coordinator, at

cmsimpact@gmail.comCMSI Fair Use Fellow Mayra Linares can make a guest Skype visit

THANKS! AND…QUESTIONS?