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New Academic Study on Video Recuts
2008-01-09 16:23:16 Posted
by: ragaman7 Category: Copyright
When college kids make mashups of Hollywood movies, are they violating the law? Not necessarily, according to the latest study on copyright and creativity from the Center and American University’s Washington College of Law.
The study, Recut, Reframe, Recycle: Quoting Copyrighted Material in User-Generated Video, by Center director Pat Aufderheide and Peter Jaszi, co-director of the law school’s Program on Information Justice and Intellectual Property, shows that many uses of copyrighted material in today’s online videos are eligible for fair use consideration. The study points to a wide variety of practices—satire, parody, negative and positive commentary, discussion-triggers, illustration, diaries, archiving and of course, pastiche or collage (remixes and mashups)—all of which could be legal in some circumstances.
Fair use is the part of copyright law that permits new makers, in some situations, to quote copyrighted material without asking permission or paying the owners. The courts tell us that fair uses should “transformative,” – adding value to what they take and using it for a purpose different from that of original work. So when makers mash up several works—say, The Ten Commandments , Ben-Hur and 10 Things I Hate about You , making Ten Things I Hate about Commandments —they aren’t necessarily stealing. They are quoting in order to make a new commentary on popular culture, and creating a new piece of popular culture.
[ by Patricia Aufderheide at the Center for Social Media at the American University ] UPDATE |
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