does fair use change behavior
TRANSCRIPT
Does fair use knowledge change practice?
Patricia AufderheideMarch 17, 2016
Documentarians, 2005-2015
• Before: – Insurers on fair use: NO– Broadcasters: NO– Filmmakers avoided • Popular culture• Political/News• Music topics
Familiarity & Use of Fair Use
Yes; 78%
No; 12%
Not sure; 9%
Fair use definition matches my understanding
Yes; 58%No; 34%
Not sure; 9%
I license when I think I shouldn’t have to.
Fair Use Tag Cloud
Effects of Fair Use
Absolutely necessary
Very useful
Somewhat useful
Not sure
Somewhat damaging
Very damaging
Totally damaging
0 50 100 150 200
187
102
47
47
21
10
0
How useful or damaging overall do you think fair use rights are for filmmaking?
Best Practices Code
Yes; 59%
No; 41%
Have you ever heard of The Documentary Filmmakers’ Statement of Best Practices in Fair Use? Have you
ever used it?
yes
Yes; 57%No; 34%
Unsure, 9%
Did you know that the International Documentary Association was one of the creators?
Yes; 64%
No; 36%
Insurer refused a fair use claim
No Yes Can't recall0
102030405060708090
100
Broadcaster refused fair use
No Can't recall Yes0
102030405060708090
Others’ fair use hurt business
Yes No Can't recall0
102030405060708090
Use material because it’s PD/Open license?
Yes No Unsure0
1020304050607080
Visual Arts Professionals, 201
• Artists• Art historians/art history teachers• Studio art teachers• Museum personnel• Archivists• Librarians
Before
• Artists: Fair Use sometimes• Everyone else: License all the time• False confidence• Self-censorship
Fair Use Confidence is Low,But Most Understand the Term
Excellent11%
Good33%
Fair36%
Poor19%
How confident are you that you understand
how to apply fair use in your work?
Definition of fair use matches understanding
of the term
Yes72%
No11%
Unsure18%
Immediate Change with Code Knowledge
Yes63%
No37%
Aware of Code
Yes51%
No49%
Yes
Used Code
No
No
Yes
Employed FU
No38%
Pre-Code14%
Post-Code3%
Pre & Post21%
N/A24%
No41%
Pre-Code16%
Post-Code1%
Pre & Post22%
N/A20%
No29%
Pre-Code15%Post-Code
8%
Pre & Post36%
N/A12%
Fair Use is Educational, Public & Creative
“
Series1
91%
90%
82%
89%
82%
68%
Series1
95%
93%
87%
95%
92%
76%
Creative appropriation can be “original”
Creative appropriation shouldn’t necessarily require permission
CAAMembers
DocumentaryFilmmakers
GeneralPopulation
US
non-US
Doc and Visual Art Professionals More Likely to be Pro-Remix
US
non-US
US
non-US
US
non-US
US
non-US
US
non-US
Communication Scholars, 2010-2015
• Before: – Confusion – Insecurity – Lax external vigilance
• After–Where knowledge increased, change– BUT…poor circulation of knowledge
Communication Scholars Value Fair Use
1 2 3 4 5 6 70
20406080
100120140160 145
60
25 298 4 3
Absolutelynecessaryfor creators and scholars
Totallyunfair
to creators and scholars
Veryuseful
Somewhatuseful
Notsure
Somewhatdamaging
Verydamaging
Mean:
1.97
Fair Use is Educational & Liberatory“
Yes31.0%
No58.3%
Not sure10.7%
Few know Code, but those who do…Familiar with
Code of BestPractices
Have you everused the Code?
Was it helpful?
Yes Yes
Yes30.7%
No69.3%
Yes88.0%
Not sure10.7%
