Recut, Reframe, Recycle: Quoting Copyrighted Material in User-Generated Video
Taking one step further in the study of fair use, our friends Peter Jaszi, co-director of the American University Washington College of Law’s Program on Information Justice and Intellectual Property, and Pat Aufderheide, director of American University's Center for Social Media, have just released a new study: Recut, Reframe, Recycle: Quoting Copyrighted Material in User-Generated Video.
The study "finds that many online videos creatively use copyrighted materials in ways that are eligible for fair use consideration under copyright law. In short, they are potentially using copyrighted material legally. These uses—an exercise of freedom-of-speech rights--are currently threatened by anti-piracy measures online."
Through the viewing of thousands of online videos, nine distinct types of use were identified - satire, negative and positive commentary, discussion-triggers, illustration, incidental, diary, archiving, and remixes and mashups. Within each pillar, the study suggests circumstances in which the legality of the use falls under fair use.
“Today, user-generated video accounts for a sizeable portion of all broadband traffic. Some of these videos add value to existing copyrighted material, usually without the copyright owner’s consent,” Aufderheide said. “This kind of work is the harbinger of an emerging era of participatory popular culture.”
“New makers and copyright holders both need to understand and honor the key copyright principle of fair use,” said Jaszi. “Owners understandably need to control improper access to their materials. But many common online uses today could comply with fair use as currently understood.”
Please find the full report, learn about next steps, and view the full database and special selections of the analyzed videos, over at the Center for Social Media site.
As well, at the 2008 International Consumer Electronics Show this coming Monday, a DRM panel will find Pat and Peter discussing study findings.
The study "finds that many online videos creatively use copyrighted materials in ways that are eligible for fair use consideration under copyright law. In short, they are potentially using copyrighted material legally. These uses—an exercise of freedom-of-speech rights--are currently threatened by anti-piracy measures online."
Through the viewing of thousands of online videos, nine distinct types of use were identified - satire, negative and positive commentary, discussion-triggers, illustration, incidental, diary, archiving, and remixes and mashups. Within each pillar, the study suggests circumstances in which the legality of the use falls under fair use.
“Today, user-generated video accounts for a sizeable portion of all broadband traffic. Some of these videos add value to existing copyrighted material, usually without the copyright owner’s consent,” Aufderheide said. “This kind of work is the harbinger of an emerging era of participatory popular culture.”
“New makers and copyright holders both need to understand and honor the key copyright principle of fair use,” said Jaszi. “Owners understandably need to control improper access to their materials. But many common online uses today could comply with fair use as currently understood.”
Please find the full report, learn about next steps, and view the full database and special selections of the analyzed videos, over at the Center for Social Media site.
As well, at the 2008 International Consumer Electronics Show this coming Monday, a DRM panel will find Pat and Peter discussing study findings.