I am guest lecturing on remix, Free Culture and Fair use November 8th at Seattle Central Community College in Ingrid Mattson’s Media Law and Ethics class. For those curious here are the assigned readings. I love speaking to this class as it is all film makers.
- Fair Use Stanford’s site: read page link and http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-c.html#5 (If you only read one page make it this page the case) Then look up one of the cases, your choice on google or Wikipedia or google’s case law search
- Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994).
- Fair use Principles for User Generated Video (pdf) EFF, PK
- Principles, Copyright Owners and UGC Services Sony, Disney
§ 107. Limitations on exclusive rights: Fair use40
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.