Empowering Media That Matters
Home >> Tags >> Copyright and Fair Use

Copyright and Fair Use

Fair Use in the Visual Arts: The News Spreads

Code of Best Practices in Fair Use for the Visual ArtsSince the Code of Best Practices in Fair Use for the Visual Arts launched in February, it has begun conversations in libraries, archives, editorial offices, and classrooms. (Need a refresher on that code? Check out this video!) Now, it's picking up fans.

The Society of Architectural Historians has just endorsed the Code and other organizations have also expressed their enthusiasm. Read more...

Yes, You Can Riff on Popular Culture—with Fair Use

Everett CollectionThe judge’s decision in the “Three’s Company” fair use case makes inspirational reading. For copyright geeks, it’s practically poetry. And for anyone else, it’s good news that the judge so eloquently defends the right to reuse copyrighted material when creating new culture. That’s a defense against the self-censorship that happens when speech is chilled for fear of copyright infringement. Read more...

Journalists Get Fair Use Spectacularly Wrong

Set of Principles in Fair Use for JournalismYou’d think they’d never created a Set of Principles in Fair Use for Journalism, the way some journalists have fumbled the chance to clarify their fair use rights.

It all began with a belated licensing demand to journalism outlets by the guy who shot the video of a South Carolina cop murdering Walter Scott.  His Australia-based publicist could be forgiven—barely—on grounds of ignorance for making up a fanciful interpretation of fair use, which is U.S. law. Read more...

Visual Arts Community to Publish Best Practices in Fair Use

Code of Best Practices in Fair Use for the Visual ArtsAfter two years of research and deliberations, members of the visual arts community—artists, art scholars, museum professionals, and editors—have created a Code of Best Practices in Fair Use for the Visual Arts, to be released on February 9, just in time for the College Art Association annual conference.

An artist wonders if it’s legal to pull a twitter feed into a work of digital art. An art historian wants to write about the color movement, but can’t spend years working with estates to get permission for illustrations. A museum curator would love to create a digital site to showcase a pathbreaking exhibition…but what about copyright? Read more...

Fair Use Success Stories: Going Clear

Alex GibneyAlex Gibney’s Sundance hit Going Clear takes on Scientology, revealing surveillance, abuse, and using confessionally-obtained information to threaten members who might be considering leaving the fold. It translates Lawrence Wright’s book, Going Clear into televisual form, is slated for HBO, and...it couldn’t have been made without fair use.

Gibney said, elaborating on an interview with John Horn, that fair use was the key to overcoming Scientology’s pull on the major networks, whose news and public affairs footage, as well as film clips, were essential to telling the story visually. Read more...