Hi everyone,

Sorry if this has been posted already (man, it's hard to keep up with 
you guys), but I just wanted to post a note about a must-read comic book 
on copyright and fair use.

The Center for the Study of the Public Domain, in an effort to educate 
content producers about the realities of copyright, have published an 
amazing comic book called "Tales from the Public Domain: Bound by Law?" 
(http://www.law.duke.edu/cspd/comics/) The comic book, available in 
various digital formats as well as on paper, is an entertaining, highly 
informative about the often-confusing world of copyright law.

The book follows the story of a documentary maker putting together a 
film about life in New York City. ("Trapped by a STRUGGLE she didn't 
understand.... By day a FILM MAKER... By night she fought for FAIR 
USE!") As she's gone around and captured scenes for her film, she's also 
picked up incidental uses of other people's work - a saxophonist playing 
a song, a sign in the background with a company logo, public TV screens 
showing images of Bart Simpson. These scenes are a reality of modern 
life, yet they're a nightmare for documentary producers. As the comic 
book notes, one producer was forced to remove footage that featured 
someone whose mobile phone ringtone happened to be the theme to the 
movie Rocky because they couldn't afford to pay the song's publisher 
$10,000 for including it. In other cases, important works like the civil 
rights documentary Eyes on the Prize get locked away for years because 
the producers couldn't afford to pay for the clearance rights of 
incidental music. (Thankfully, Eyes on the Prize will finally air again 
on PBS this fall, after years of fundraising to pay for clearance fees.)

The question is, who's in the right? When does the incorporation of 
someone else's creative work into a new work constitute fair use, and 
when does it cross the line?

Page after page, the comic goes through examples of producers who've 
found themselves in difficult circumstances because they allowed 
themselves to get pushed around by big-media lawyers - even when their 
use of someone else's content is justifiably fair use. It's intended to 
give producers confidence when it comes to using someone's content in a 
fair use context, explaining when the law is on their side and when it 
isn't.

Read more here:

http://www.andycarvin.com/
permalink:
http://www.andycarvin.com/archives/2006/03/fighting_copyright_i.html

-- 
------------------------------
Andy Carvin
acarvin (at) edc . org
andycarvin (at) yahoo . com

http://www.digitaldivide.net
http://www.andycarvin.com
------------------------------


 
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