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In the increasingly complex and combative arena of copyright in the digital age, record companies sue college students over peer-to-peer music sharing, YouTube removes home movies because of a song playing in the background, and filmmakers are denied a distribution deal when a permissions i proves undottable. Analyzing the dampening effect that copyright law can have on scholarship and creativity, Patricia Aufderheide and Peter Jaszi urge us to embrace in response a principle embedded in copyright law itself—fair use. Originally published in 2011, Reclaiming Fair Use challenged the widely held notion that copyright law is obsolete in an age of digital technologies. Beginning with a survey of the contemporary landscape of copyright law, Aufderheide and Jaszi drew on their years of experience advising documentary filmmakers, English teachers, performing arts scholars, and other creative professionals to lay out in detail how the principles of fair-use can be employed to avoid copyright violation. Taking stock of the vibrant remix culture that has only burgeoned since the book’s original publication, this new edition addresses the expanded reach of fair use—tracking the Twitter hashtag #WTFU (where’s the fair use?), the maturing of the transformativeness measure in legal disputes, the ongoing fight against automatic detection software, and the progress and delays of digitization initiatives around the country. Full of no-nonsense advice and practical examples, Reclaiming Fair Use remains essential reading for anyone interested in law, creativity, and the ever-broadening realm of new media.
This book investigates how copyright law, particularly the doctrine of fair use, can be actively employed to foster rather than stifle creativity and scholarship in the digital age. Patricia Aufderheide and Peter Jaszi, drawing on their extensive experience advising creative professionals, analyze the current landscape of copyright law and its impact on creators. They argue for the robust application of fair use principles to navigate potential copyright violations, offering practical guidance and real-world examples. The updated edition specifically addresses the evolution of remix culture, the legal concept of transformativeness, challenges to automated content detection, and the progress of digitization initiatives.
Reclaiming Fair Use is recognized as essential reading for those concerned with law, creativity, and new media. The book challenges the notion that copyright law is obsolete in the digital age, advocating for the strategic use of fair use. Its practical advice and real-world examples have made it a valuable resource for creative professionals navigating complex copyright issues. The updated edition further engages with contemporary developments like the #WTFU movement and the maturation of legal interpretations of fair use.
Page Count:
254
Publication Date:
2018-04-27
Publisher:
University of Chicago Press
ISBN-10:
022637422X
ISBN-13:
9780226374222
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