[MCN-L] ‏‏RE: Notes from Fair Use Day

Amalyah Keshet [akeshet@imj.org.il] akeshet at imj.org.il
Wed Jan 13 17:45:32 UTC 2010


Lesley:

Thanks so much for your thorough report!  Great to have an MCN rep "embedded". 

By the way, Israel's new (2007) copyright law includes a combination of fair use AND fair dealing provisions.  So there are two .

You didn't report on the Google happy hour, however... or the "(Re)mixed drinks" at the Capitol City Brewery.  

Amalyah





________________________________________
‏‏מאת: ‏‏mcn-l-bounces at mcn.edu [mcn-l-bounces at mcn.edu] בשם Lesley Ellen Harris [lesleyeharris at comcast.net]
‏‏נשלח: ‏‏יום רביעי 13 ינואר 2010 17:25
‏‏אל: Museum Computer Network Listserv
‏‏נושא: [MCN-L] Notes from Fair Use Day

First, a huge thanks to Amalyah who keeps us all updated on copyright
events around the world.

As promised, some thoughts on World Fair Use Day in DC....

Yesterday, I abandoned my office for several hours to attend “The
First Annual World’s Fair Use Day” at the Newseum in Washington D.C.
It was organized by the D.C.-based non-profit consumer advocacy group,
Public Knowledge.  There is lots of information and coverage on this
event at http://worldsfairuseday.org/. I will limit my comments to
some personal musings (in chronological order as the day unfolded.)

First, I note, the event was free.

Second, Nina Paley (listed bio as filmmaker, animator, cartoonist and
copyright critic) wore a black short-sleeved t-shirt with the word:
©ensorship.  We know her perspective on copyright.  Nina did say that
her content is free online however she sells her CD’s.  Nina advocates
copyright reform and/or broader fair use.  Her comments were general
but she wants full use of all content for use in her own creations.
She is fine with others using her works in any manner.

Third, Dan Walsh, creator of Webcomic “Garfield Minus Garfield” is
happy to make money from his work, but through ads, as he does not
want to deal with licensing his own works.

Fourth, Pat Aufderheide, director of social media at American
University’s School of Communication and person behind the many best
practices guides on fair use for online video (remixes), education and
documentary filmmaking, proudly shared her work.  She mentioned future
guides including one on fair use best practices for research
librarians.  Interesting guidelines and worth reading however remember
they are guidelines and not what the Supreme Court or the Copyright
Act is stating.  My own perspective:  having copyright compliance
policies are almost always helpful;  make sure your policies/
guidelines work within the policies and culture of your own
organization.

Fifth, Professor Peter Jaszi (AU Washington College of Law) words of
wisdom:  Best thing U.S. Congress can do is leave Section 107 on Fair
Use alone and leave us all to  interpret it.  Concurred by Tony
Falzone (Director of Fair Use Project and lecturer in Law at Stanford
Law School).  Tony also added:  ambiguity and flexibility = strength
behind fair use.

Sixth, internationally speaking, there was little discussion.  It was
mentioned that fair use as in the U.S. is uniquely American.  Also, it
is unlikely that fair use would ever be the international norm.
During my time today I heard no panellists speak about the fact that
fair use is likely/arguably broader in the U.S. than most elsewhere
(including fair dealing in other countries), and what happens with
national treatment and applying the standards in another country when
content (legally used in the U.S.) is an infringement in another
country?  Also missing from the discussions -- moral rights protection
which exist in most copyright laws around the world but only in a
minor manner in the U.S.  A relevant topic for online content use and
remixes and mash-ups and other situations where a fair use defense may
be claimed.

Seventh, a word from the U.S. administration.  White House Deputy
Chief Technology Officer, Andrew McLaughlin (also proud owner of a
Droid phone and former global public policy head for Google)
disclaimed anything he said could be held as representing the White
House.  He then said:  the administration is “serious about IP
enforcement”, fair use is not an excuse for infringement, and there is
a need to balance both sides of the copyright equation - reward
creators and have flexible fair use principles.




Lesley Ellen Harris
lesley at copyrightlaws.com
www.copyrightanswers.blogspot.com




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