Celebrating Fair Use Week: An Interview With Peter Jaszi; Above The Law, March 1, 2018

Krista L. Cox, Above The Law; Celebrating Fair Use Week: An Interview With Peter Jaszi

"Peter Jaszi is a professor emeritus at the American University Washington College of Law and an expert in copyright law and fair use. His distinguished career has included numerous projects designed to promote the understanding of fair use in various communities. He is also the co-author of the book, Reclaiming Fair Use: How to Put Balance Back In Copyright, a new edition of which will be published later this year by the University of Chicago Press.

Background

KC: One of the reasons that I love Fair Use Week so much is that it really provides an opportunity to celebrate a doctrine that we actually rely on every day in the digital era, whether people realize it or not. What are a couple of examples of how individuals use fair use in their day to day lives?

PJ: For good or ill, we live these days in a copyright-rich environment, surrounded by (and sometimes bombarded with) information objects that are at least technically within the subject-matter of copyright. In addition, contemporary copyright regulates many of the ways we interact with these objects. Under the circumstances, fair use makes it possible for us to get on with our lives and work without being serial copyright infringers. And while some of our fair use activities are done knowingly, many are not. When most of us clip a few lines from a news story or song lyric and send it to a friend on line, we don’t necessarily think that we’re exercising our fair use rights — but we are! Likewise, an investigative journalist who quotes extensively from the “smoking gun” memo that exposes a business conspiracy may be thinking in terms of press freedom, but it is fair use that animates the general principle. Anyone who dabbles in remix culture is a fair use beneficiary, and those of us who teach and learn in physical or virtual classrooms would be lost without it. Artists in all media rely constantly on fair use — for a current example, consider the powerful final sequence in the 2017 The Florida Project (which was robbed in the Oscar nominations). Fair use undergirds the system by which blind readers receive accessible copies of texts, helping to fulfill the aspirations of the Americas with Disabilities Act. And I could go on. Instead, let me recommend this year’s ARL infographic on the applications of fair use, which tells the story better than I ever could."

The Common Sense of the Fair-Use Doctrine; Chronicle of Higher Education, 8/21/11

Pat Aufderheide, Chronicle of Higher Education; The Common Sense of the Fair-Use Doctrine:

"The right of scholars to use unlicensed material for research and publication purposes is clear under the U.S. doctrine of fair use. Fair use—a broad, flexible part of copyright policy determined on a case-by-case basis—permits users to repurpose, or transform, an appropriate amount of original material. If it's so easy, why are so many smart people so scared of fair use? In the work that the legal scholar Peter Jaszi and I have done since 2004, and have synthesized in our new book, Reclaiming Fair Use, we have seen members of many professional and creative communities express that same anxiety. And we believe we understand why: They lack a common-sense understanding of their rights."

Pushing Back Against Legal Threats by Putting Fair Use Forward; Chronicle of Higher Education, 5/29/11

Jeffrey R. Young, Chronicle of Higher Education; Pushing Back Against Legal Threats by Putting Fair Use Forward:

"A rarely discussed form of self-censorship happens routinely on college campuses. Professors and graduate students choose not to tackle academic arguments that involve music, movies, or other forms of popular culture. They worry that including relevant clips in their work means the hassle and expense of getting copyright permission for each snippet."

Fair use for poets, demystified; BoingBoing.net, 1/29/11

Cory Doctorw, BoingBoing.net; Fair use for poets, demystified:

"Pat [Aufderheide] from American University's Center for Social Media sez, "We're excited to announce the launch of a Code of Best Practices in Fair Use for Poetry, cofacilitated by WCL-AU's Peter Jaszi, UCB's Jennifer Urban, Kate Coles from the Poetry Foundation, and Center for Social Media's Pat Aufderheide. The hashtag is #fairusepoetry"

Center Releases New Guide to Navigating Copyright Law; Chronicle of Higher Education, 6/23/10

Sophia Li, Chronicle of Higher Education; Center Releases New Guide to Navigating Copyright Law:

"Communications scholars often fret over the legal nuances of using copyrighted material in their research, says Pat Aufderheide, a professor of communication at American University and director of its Center for Social Media. Ms. Aufderheide and Peter A. Jaszi, a law professor at American, hope to help researchers rest easy with a new guide to using copyrighted work—like political cartoons or screenshots from online games—in their studies.

Because of the "fair use" provisions of copyright law, copyrighted work can be quoted if it is being used for a purpose different from its original intent, according to the report, which was vetted by a committee of lawyers.

The report, released today, gives communications scholars four types of research-related situations as examples: analyzing copyrighted material, quoting it to illustrate a point, using it to spark discussion, and storing it in a collection. The situations in the report were based on 387 responses to a survey of communications scholars conducted in collaboration with the International Communication Association.

The center's guides establish what's acceptable for a field and tell scholars how to apply the law to the cases they encounter, said Ms. Aufderheide.

The center plans to continue producing similar documents for other groups, like an association of research librarians, that want clearer guidelines on using copyrighted works, she added."

http://chronicle.com/blogPost/Center-Releases-New-Guide-to/25038/

2010 Center for Intellectual Property (CIP) Symposium, "Sustaining Culture in Copyright", Washington, DC, June 22-24

2010 Center for Intellectual Property (CIP) Symposium, "Sustaining Culture in Copyright", Washington, DC, June 22-24:

"Join scholars and experts to discuss today's copyright concerns. Culture flourishes through the creation of new music, videos, and textual works.The CIP symposium will explore better ways to balance the needs of cultural innovation with the rights of owners of creative works."

http://www.umuc.edu/distance/odell/cip/symposium/2010.html

Panel Issues Guide to Using Copyrighted Material in the Classroom - Chronicle of Higher Education, 11/11/08

Via Chronicle of Higher Education: Panel Issues Guide to Using Copyrighted Material in the Classroom

"The guide, to be released today, is called "Code of Best Practices in Fair Use for Media-Literacy Education." The center created the guide over the course of 10 meetings that involved more than 150 educators, and it was reviewed by a panel of lawyers who are experts in fair use—the doctrine that allows people to reproduce portions of copyrighted works for purposes like teaching or scholarship...

The guide argues that discussion of copyright in education has too often been shaped by copyright holders, "whose understandable concern about large-scale copyright piracy has caused them to equate any unlicensed use of copyright material with stealing." The authors say they hope their work will help professors understand their rights better under current law...

Will a misstep on copyright in the classroom get you sued? "That's very, very unlikely," says the new guide. "We don't know of any lawsuit actually brought by an American media company against an educator over the use of media in the educational process.""

http://chronicle.com/free/2008/11/7151n.htm?utm_source=at&utm_medium=en

Copyright code developed to guide teachers, Pittsburgh Post-Gazette, 11/10/08

Via Pittsburgh Post-Gazette: Copyright code developed to guide teachers

"Many educators, however, miss these opportunities because they don't know their rights under fair use, have been given bad information or lack administrators who will back them up, said a report last year by American and Temple universities. The report, "The Cost of Copyright Confusion for Media Literacy," found that many teachers were censoring themselves.

Now American and Temple universities and several national associations have combined to try to remove the teachers' reluctance to use various sources including print, video, audio and the Internet -- in their media literacy lessons.

At the National Constitution Center in Philadelphia tomorrow, they will release the "Code of Best Practices in Fair Use for Media Literacy Education.""

http://www.post-gazette.com/pg/08315/926769-298.stm