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

Fair Use and Public Media

For many years, PIJIP faculty members have worked to assure that the copyright fair use doctrine remains vibrant, in both analog and digital contexts.  PIJIP faculty have testified before Congress and filed Supreme Court and other federal appellate and district court amicus briefs, and WCL’s Glushko-Samuelson Intellectual Property Law Clinic has provided legal advice and counseling to many individuals and entities seeking to make fair uses of copyrighted materials. 

More recently, PIJIP has worked closely with AU’s Center for Social Media and a number of non-profit organizations to explain and promote interpretations of copyright, communications and other laws that protect and facilitate the growth of public media – in particular, documentary films.  That initiative now has been extended to 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.

In April of this year, PIJIP and the Center for Social Media sponsored a two-day private meeting on “User-Generated Content: The Copyright Conundrum” that was attended by leading scholars, business executives and public interest advocates from around the country.  The meeting sought to identify strategies to address problems faced by makers of participatory media and by the communications platforms on which their content is hosted. The meeting included a well-attended public session that also is available for webcast.

 

Frequently Asked Questions on Fair Use (December 2007)

Reports, Submissions and Publications

Pat Aufderheide and Peter Jaszi. Recut, Reframe, Recycle. (December 2007).
Renee Hobbs, Peter Jaszi & Pat Aufderheide. The Cost of Copyright Confusion for Media Literacy. (September, 2007).
Pat Aufderheide and Peter Jaszi. The Good, the Bad, and the Confusing: User-Generated Video Creators on Copyright. (April 3, 2007).

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

Center for Social Media

 
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