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Program on Information Justice and Intellectual Property
Research and Advocacy Resources for Students

Library of Congress Publishes Copyright Report by PIJIP Professor Peter Jaszi

The Library of Congress National Recording Preservation Board (NRPB) has published "Protection for Pre-1972 Sound Recordings under State Law and Its Impact on Use by Nonprofit Institutions: A 10-State Analysis." The report was prepared by PIJIP Professor Peter Jaszi with the assistance of Nick Lewis.

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Professor Jaszi Co-Authors Report with the AU Center for Social Media on Ethical Challenges Faced by Documentary Filmmakers

A new report issued by American University finds that documentary filmmakers routinely grapple with ethics challenges, yet the craft lacks any sort of broad standards in ethics practices. “Now more than ever, filmmakers are faced with unprecedented pressure to lower costs and increase productivity,” said Law Professor Peter Jaszi, “These demands to do it faster and cheaper often place filmmakers in ethically challenging positions.”

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Amazon.com Files Brief Opposing Google's Settlement with Publishers

Amazon came out swinging Tuesday against Google's proposed settlement with book authors and publishers. It filed a brief with the U.S. District Court for the Southern District of New York Tuesday which notes that it has also scanned books, but has not taken the controversial step that Google took in scanning out-of-print but copyright-protected books without explicit permission.

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Notes from Monday's PIJIP Event on "Copyright From an International Perspective"

At PIJIP’s event, “Copyright from an International Perspective,” WCL Professors Michael Carroll and Peter Jaszi were joined by Michele Woods, Senior Counsel for Policy and International Affairs at the Office of Policy and International Affairs at US Copyright Office. Professor Jaszi began the panel with a quick introduction to copyright law and the international copyright system...

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More on Educational Fair Use - From an Unexpected Source

wcl  photo

When last I was heard from in this space, I was bemoaning the lack of any solid case law supporting what, at some level, we all know the be true: that the educational enterprise has a special place in the scheme of copyright law, and that - in particular - educational uses (both commercial and non-commercial) deserve special deference in fair use analysis. Since then, I've become aware of a development that seems worth commenting on, even though to do so puts me in a strangely divided position.

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South African Documentary Filmmakers Release Plan of Action for Use of Copyrighted Materials

Following the meeting on Copyright User Rights and South African Documentary Film, March 22-24, 2009, in Cape Town, South Africa’s Documentary Filmmakers’ Alliance and Black Filmmakers Network and American University Washington College of Law’s Program on Information Justice and Intellectual Property (partner organizations) adopted the following plan of action...

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McCain’s YouTube Takedown Inspires Fair Use Fervor

There’s nothing like a misfired copyright claim to make a presidential campaign see the value of fair use. After finding several of its campaign videos removed from YouTube for copyright claims, the McCain-Palin campaign has fired off an eloquent defense of fair use — and another illustration of where the DMCA’s counter-notification process falls short.

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Getting to Know Your Code of Best Practices

The July 7 release of the new “Code of Best Practices in Fair Use for Online Video” (coordinated by the Center for Social Media and PIJIP) has given rise to an important question about how to interpret the document’s six “Principles” and their associated “Limitations.” So it may be worth noting that all the principles also are subject to some general limiting considerations.

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Yes You Can - Where You Don't Even Need Fair Use

The answers to some of filmmakers’ most common clearance questions don’t really lie in the realm of “fair use” at all, but fall under the heading of “free use.” This blog lists some examples.

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Submissions to USTR for the 2008 Special 301 Report Posted Online

USTR’s annual Special 301 Report identifies countries viewed as denying sufficient intellectual property protection to US companies. If a country is listed as a “priority foreign country” in the report, USTR may initiate a formal investigation of the country within 30 days – the first step in the process of imposing bilateral trade sanctions against a country.

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Fair Use and Public Media

Digital Media Arts Lab

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.


screening-teaserimageCopyright and International Documentary Film

PIJIP's program with the Ford Foundation and South African filmmaker organizations aims to explore (1) the problems that current interpretations of South African copyright law may pose to the development of the documentary film industry, and (2) opportunities to address those problems through changes in law or the practice of filmmakers.

 

DancersBest Practices in Fair Use of Dance Related Materials

PIJIP and the Dance Heritage Coalition have collaborated to produce a guide for librarians, archivists, curators, and other collections staff who work with dance-related materials to use the fair use doctrine where they need presumptively copyrighted materials to meet their significant cultural, educational, and other institutional mandates.

 

Online video - Cropped photo 2Code of Best Practices in Fair Use for Online Video

Collaboratively created by a team of media scholars and lawyers, Best Practices will allow users to make remixes, mashups, and other common online genres with the knowledge that they are staying within copyright law. The code identifies, among other things, six kinds of unlicensed uses of copyrighted material that may be considered fair, under certain limitations.

 

Peter Jaszi

Frequently Asked Questions on Fair Use

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.

 

RRR CritterRecut, Reframe, Recycle

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.

 

Copyright The Cost of Copyright Confusion for Media Literacy

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.

 

CDs The Good, the Bad, and the Confusing: User-Generated Video Creators on Copyright

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.

 

Coke Building - Cropped"Yes, You Can" - Where You Don't Even Need Fair Use

The answers to some of filmmakers’ most common clearance questions don’t really lie in the realm of “fair use” at all, but fall under the heading of “free use.” Some examples include buildings that can be seen from public areas, any works made by the federal goverrnment, and reproductions of public domain works in museums or private collections.

 

Best Practices - Fair Use for FilmmakersDocumentary Filmmakers' Statement of Best Practices in Fair Use

The 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, in consultation with PIJIP and the AU Center for Social Media.

 

Capitol Fair Use: Its Effects on Consumers and Industry

Testimony of PIJIP Director Peter Jaszi before the Subcommittee on Commerce, Trade and Consumer Protection of the US House of Representatives Committee on Energy and Commerce, November 16 2005. The link above leads to Prof. Jaszi's written statement. To view a webcast of the hearing, click here.

 

Events

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.

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. Photo of person viewing online video by mobilechina2007. Photo of the Coca-Cola Xperience Center by Steffe. Photo of US Capitol dome by nKarthik.
 
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