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Reclaiming Fair Use: How to Put Balance Back in Copyright Paperback – August 15, 2011

4.7 out of 5 stars 9 customer reviews

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Editorial Reviews

Review

"If you only read one book about copyright this year, read "Reclaiming Fair Use. "It is the definitive history of the cataclysmic change in the custom and practice surrounding the fair use of materials by filmmakers and other groups."--Michael C. Donaldson, Partner, Donaldson & Callif

--Michael C. Donaldson (03/22/2010)

""Reclaiming Fair Use" will be an important and widely read book that scholars of copyright law will find a 'must have' for their bookshelves. It is a sound interpretation of the law and offers useful guidance to the creative community that goes beyond what some of the most ideological books about copyright tend to say."--Pamela Samuelson, University of California, Berkeley School of Law (01/21/2011)

"The Supreme Court has told us that fair use is one of the 'traditional safeguards' of the First Amendment. As this book makes abundantly clear, nobody has done better work making sure that safeguard is actually effective than Aufderheide and Jaszi. The day we have a First Amendment Hall of Fame, their names should be there engraved in stone."

--Lewis Hyde, Richard L. Thomas Professor of Creative Writing, Kenyon College (04/04/2011)

About the Author

 

Patricia Aufderheide is professor in the School of Communication at American University and director of the Center for Social Media. She is the author of, most recently, Documentary: A Very Short Introduction.
Peter Jaszi is professor of domestic and international copyright law at the Washington College of Law, American University, where he directs the Glushko-Samuelson Intellectual Property Law Clinic. He is the coauthor of Copyright Law.

 

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Product Details

  • Paperback: 216 pages
  • Publisher: University Of Chicago Press; 1st edition (August 15, 2011)
  • Language: English
  • ISBN-10: 0226032280
  • ISBN-13: 978-0226032283
  • Product Dimensions: 6 x 0.7 x 9 inches
  • Shipping Weight: 13.6 ounces (View shipping rates and policies)
  • Average Customer Review: 4.7 out of 5 stars  See all reviews (9 customer reviews)
  • Amazon Best Sellers Rank: #785,585 in Books (See Top 100 in Books)

Customer Reviews

Top Customer Reviews

By Dr. P. R. Lewis on May 28, 2012
Format: Paperback
Copyright has hit the headlines this year for the problems of digitisation. The book by Aufderheide and Jaszi addreses these problems, and more, in a concise and readable way, although it has to be said that it is a book by americans for the US market. In the UK, the equivalent concept is "fair dealing". The idea that one can copy parts of a copyright text or image without consulting the copyright holder is a very old one, because how else can one criticize or comment on a work without doing so? Indeed, by quoting a text in a review, say, it is giving publicity to a book and so maybe helping its sales, which must be good for the copyright owners, usually the author and the publisher. Digitisation has brought the concept into focus owing to the ease of copying and broadcasting that work to the whole world over the internet. That has not only raised the old problem of wholesale piracy but also how far fair use can go within the confines of the law. One particular problem arose from the large scale scanning of books by Google, which made them available on its website. For old books where the author is long dead (Dickens, Shakespeare etc), there is no problem, but since copyright is a long lasting right (70 years after the death of the author), there is a problem for more recent in-copyright works. This is why there is a major unresolved dispute between authors and Google. But yet the same company uses the doctrine of fair use in its search pages. For example, thumbnails of images are an essential part of the image search, to which no author objects at all. Without fair use, we would have no image search at all. But there is mounting evidence that copyright is being abused by major copyright holders, or indeed, some non-copyright holders.Read more ›
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Format: Paperback
Reclaiming Fair Use is an extremely valuable scholarly work in the field of copyright law. It allows documentary filmmakers, educators and others to develop their own balanced, legal, common sense guidelines for fair use of copyright works. Filled with many examples of legal case studies and "best practices" guidelines for many fields, it deserves a place alongside the excellent books written on the subject by Michael Donaldson.
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Format: Paperback
This is a real bible for fair use right now in the USA. It is inescapable, unavoidable, indispensable. But at the same time it assumes we know our basics and I think it is necessary to start with a quotation they do not give, the section of the US Code that defines fair use (17 US Code Section 107)

"Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include--
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."

This is the official section of the US Code that states the four factors to which we are going to come back over and over again.

The second document they mention but do not quote is the famous and founding article by Pierre N. Leval, "Toward a Fair Use Standard" published in 1990 in the Harvard Law Review (Issue 103, pp. 1105-1136 plus 128 notes, some extensive). I will not quote it, but I would advise you to get to it.
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Format: Kindle Edition
Fair use and copyrights in general can be a complicated subject, but the authors did an excellent job explaining the content and issues. Do not need a legal background. Would recommend to anyone who has an interest in the subject or works with any form of media.
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The language is easy. This book was very useful for me as a journalist. Now I know smth more about my legal and creative rights
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