Fair Use and Public Media
PIJIP faculty members work to assure that the copyright fair use doctrine remains vibrant, in both analog and digital contexts. Working closely with AU’s Center for Social Media and a number of non-profit organizations, we seek to explain and promote interpretations of copyright, communications and other laws that protect and facilitate the growth of public media. We applied our fair use initiative to documentary films, user-generated content on participatory Internet platforms, a new media format that can help the public to recognize and understand common social problems.
PIJIP’s work in this area includes developing seminal “Best Practices” guidelines for fair use by non-fiction filmmakers, supporting research on the effects of intellectual property on the practices of media makers, and organizing and convening scholarly conferences.
By Pat Aufderheide, Peter Jaszi, Maura Ugarte and Michael Miller
Does the Documentary Filmmaker’s Statement of Best Practices actually carry weight with broadcasters and insurance companies? What is the appropriate length of a clip to fair use? Does it matter if you are a non-profit organization vs. a commercial organization? Is fair use stealing? ...and more.
When college kids make mashups of Hollywood movies, are they violating the law? Not necessarily, according to the latest study on copyright and creativity from PIJIP and the AU Center for Social Media. It shows that many uses of copyrighted material in today’s online videos are eligible for fair use consideration.
PIJIP's report shows that the fundamental goals of media literacy education are compromised by unnecessary copyright restrictions. As a result of poor guidance, counterproductive guidelines, and fear, teachers use less effective teaching techniques, teach and transmit erroneous copyright information, fail to share innovative instructional approaches, and do not take advantage of new digital platforms.

In this study, undergraduate and graduate college students who upload
online video were asked to describe their practices and attitudes on
using copyrighted material to make new work and on the value to them of
their own copyright.
Previous Reports
- Peter Jaszi, "Yes, You Can" - Where You Don't Even Need Fair Use (May 2006).
- Association of Independent Video and Filmmakers, Independent Feature Project, International Documentary Association, National Alliance for Media Arts and Culture, and Women in Film and Video (Washington, D.C., chapter), in consultation with PIJIP and the American University Center for Social Media. Documentary Filmmakers' Statement of Best Practices in Fair Use. (November 18, 2005).
- Peter Jaszi. Fair Use: Its Effects on Consumers and Industry. Testimony before the Subcommittee on Commerce, Trade and Consumer Protection of the U.S. House of Representatives Committee on Energy and Commerce, (November 16, 2005).
- Victoria Phillips, On Media Consolidation, the Public Interest and Angels Earning Wings, 55 Am. U. L. Rev. 613 (2004).
Events
- User Generated Content and Copyright, April 10 (afternoon), 2007.
In collaboration with the Center for Social Media at the AU School of Communications, this event will discuss the implications of copyright law on the growing use of platforms such as YouTube to facilitate user generated media content. Rappateurs' Report.
- American Library Association, Copyright, Fair Use and Access to Library Holdings, June 22, 2007.
This conference will focus on the balance between user and owner rights and interpretations of copyright law that can usefully support the media librarian’s role as a facilitator for the public’s access to audio-visual media.
Partners
Attribution for graphcis posted on flickr.com under a creative commons license: Photo of Digital Media Arts lab at Huntington University by
Laffy4K. Photo of copyright C by
DiscourseMarker. Photo of CDs by
Chen Wenbo.