February 12, 2015 FAIR USE IN THE VISUAL ARTS. Why fair use is important in the visual arts Fair...

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February 12, 2015 FAIR USE IN THE VISUAL ARTS

Transcript of February 12, 2015 FAIR USE IN THE VISUAL ARTS. Why fair use is important in the visual arts Fair...

Page 1: February 12, 2015 FAIR USE IN THE VISUAL ARTS. Why fair use is important in the visual arts Fair use: the basics Why a code of best practices? What’s.

February 12, 2015

FAIR USE IN THE

VISUAL ARTS

Page 2: February 12, 2015 FAIR USE IN THE VISUAL ARTS. Why fair use is important in the visual arts Fair use: the basics Why a code of best practices? What’s.

Why fair use is important in the visual

arts

Fair use: the basics

Why a code of best practices?

What’s in the CAA code

More support

What you can do

OVERVIEW

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70% of respondents say they use

copyrighted material in doing their own work

WHY IT MATTERS: 2014 CAA ISSUES REPORT

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Fair use in the visual arts

Writing about art

Teaching

Making art

Managing museums

Organizing documentation

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FOR INSTANCE

“I found a suitable image online to illustrate my article. Do I still need a license?”

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AND

“Can I use some photos I took of an artist’s work on my online course site?”

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AND

“I’m making art from found images. Do I need to get permission to use them?”

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AND

“Can I use pictures from our exhibition in museum publications?”

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“Can we put our archival collection online?”

AND

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WHAT IS FAIR USE?

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THE PURPOSE OF COPYRIGHT

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ONE PURPOSE

TO PROMOTE THE CREATION OF CULTURE

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BY

Rewarding creators with limited monopoly

Encouraging new makers

to use existing culture

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Non-infringing, unauthorized use of copyrighted material—

under some circumstances

BIGGEST BALANCING FEATURE

FAIR USE

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“FOUR FACTORS”

1. Purpose of the use

2. Kind of work used

3. Amount used

4. Effect on the market

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Judges balance interests in fair use analysis

Supreme Court: Fair use promotes free speech

Judicial interpretation has changed a lot since 1990

GOOD NEWS…

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JUDGES ASK…

Is the use for a new “transformative purpose? (in terms of context, audience,

added insight, etc.)

Does it employ an appropriate amount to fulfill the

transformative purpose?

1

2

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Judges also consider…

Custom and practice of individual creative communities…

...especially when well-documented

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WHY DON’T WE EMPLOY FAIR USE MORE FULLY?

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Perceived Risk

Legal troubleLost relationshipsBad publicity

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WHAT’S THE BIGGEST PROBLEM?

1) Restrictive publishing contracts

2) High licensing fees

3) Difficulty of obtaining clearances4) None of the above

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SELF-CENSORSHIP

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ASSESSING RISK? CONSIDER BOTH!

Legal risk associated with pursuing mission

Mission risk associated with failing to act

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2014 CAA REPORT:

1/3 in the visual arts community have avoided or abandoned work because of copyright concerns

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COPYRIGHT HYPERCOMPLIANCE

SELF-

CENSORSHIP

WE HAVE A PROBLEM

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EFFECTIVE RISK MANAGEMENT BEGINS WITH KNOWING YOUR

RIGHTS

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BEST PRACTICES

CODES

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CODES, IN FOUR STEPS:

Research discovers most common problems

Creative community discusses terms of fair use

Consensus synthesized

Lawyers check work

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DOCUMENTARY

FILMMAKERS

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COMMUNICATION

SCHOLARS

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POETS

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LIBRARIANS

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…AND MORE!

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A guide to reasoning, not a set of rules

No arbitrary limits or metrics

Based on professional consensus

Not negotiated with copyright holders

NOT LIKE FAIR USE “GUIDELINES”!

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INFORMED RISK ASSESSMENT BETTER PRACTICE: EXAMPLES

Doc filmmakers: Fair use now gets insured

Librarians: Collections digitized

Scholars: New work published

Archivists: Digital exhibits on line

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U Colorado-Boulder: YES to digital format shifting

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DEVELOPING CAA’S CODE

Nationwide fact-finding

10 discussion sessions in 5 cities

Confidential meetings building

consensus

Input from CAA Fair Use Task Force

Review by Legal Advisory Committee

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SITUATIONS

Writing about art

Teaching about art

Making art

Museum uses

Archives online

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Principle

FOR EACH SITUATION IN THE CODE:

Limitations

Description

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ENDORSERS SO FAR

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WHAT YOU CAN DO

Use the Code

Tell a colleague

Tell a student

Tell a publisher

Find an endorser

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WHERE DO I GET MORE INFORMATION?

THE CODES AND MUCH MORE

Cmsimpact.org/fair-useCollegeart.org/fair-use

(VIDEOS! PRESENTATIONS! FAQS!)

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FAIR USE

Practice

Makes Practic

e

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Please feel free to share this presentation in its entirety.

For excerpting, kindly employthe principles of fair use.

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THANK YOU!

CONTACT INFOJanet Landay

[email protected]


Educational Fair Use

Educational Fair Use

Education fair use

Education fair use

Fair Use Brown

Fair Use Brown

Introducing two new fair use best practices codes: -- visual arts & -- collections including orphan works CAA’s Code of Best Practices in Fair Use for.

Introducing two new fair use best practices codes: -- visual arts & -- collections including orphan works CAA’s Code of Best Practices in Fair Use for.

Copyright and Fair Use How does copyright and fair use apply to teachers?

Copyright and Fair Use How does copyright and fair use apply to teachers?

Best Practices Fair Use Visual Arts

Best Practices Fair Use Visual Arts

Copyright & Fair Use

Copyright & Fair Use

Fair Use Infographic

Fair Use Infographic

Fair Use Agreement

Fair Use Agreement

Nominative Fair Use:

Nominative Fair Use:

Fair use higher ed

Fair use higher ed

Fair Use and Other Copyright Exceptions: An examination of fair use

Fair Use and Other Copyright Exceptions: An examination of fair use

Fair Use & C C

Fair Use & C C

VRA 2012, Fair Use Guidelines Q&A, Statement on the Fair Use of Images

VRA 2012, Fair Use Guidelines Q&A, Statement on the Fair Use of Images

Fair Use Fundamentals

Fair Use Fundamentals

Fair use of copyright

Fair use of copyright

FAIR USE STATEMENT :

FAIR USE STATEMENT :

Copyright And Fair Use

Copyright And Fair Use

Creatives and fair use

Creatives and fair use

Code of Best Practices in Fair Use for the Visual Arts - College Art

Code of Best Practices in Fair Use for the Visual Arts - College Art