I saw this segment on a documentary called Rip: A Remix Manifesto. This article will still be about Fair Use but I had to put this video in there first as I laughed my ass off seeing it! Note- the remainder of this article will endeavor to get back on topic and be serious (mostly) in nature after this video- EvS
And now with the rest of our article! Where was I oh yes Fair Use. In order to express ourselves and transmit and share ideas amongst ourselves we use popular culture material in the forms of music, video, images etc. This is used to convey an idea to as wide a group as possible in forms that are easily understood. However big record companies and the like have something called Intellectual Copyright. A good point used in the documentary film “Rip: A Remix Manifesto” is that the same business model used 50 years ago is not the same business model that applies now. The recent rash of lawsuits (never usually done by the artists but by the record labels)is an attempt (some would say by the powers that be)to stifle free speech.
So being a blogger and social commentator these are concerns. Ive looked into Fair Use and found a few blurbs that serve as somewhat of a “beware of dog” type of thing. It doesn’t legally protect you like a steel door but does show that you have some idea of the situation at hand and know enough to be willing to defend your rights. So are you a Copyright Criminal? A user of Creative Commons? Here are some Fair Use blurbs for anyone needing feel free to do the ole cut n paste-
Example one-
FAIR USE NOTICE:
This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. It is being made available in an effort to advance the understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, and so on. It is believed that this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.
The material in this site is provided for educational and informational purposes only, and is not intended to be a substitute for a health care provider’s consultation. Please consult your own appropriate (insert profession or service provider type here) provider about the applicability of any opinions or recommendations with respect to your (medical, psychiatric, or whatever) conditions. The information on this site does not constitute legal or technical advice.”
Example 2- this one is pretty handy as it also quotes EU as well as US Law
US LAW
“We believe that our use of any such copyrighted material constitutes a ‘fair use’ as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml.
EU LAW
As regards the use of copyrighted material within the European Union. The European Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society provides in its art. 5 an exhaustive list of exemptions that can be implemented by the Member States.
Amongst that list, the exemption(s) invoked must cover the reproduction and communication to the public (since the publication on the Internet implies those two acts). Generally, exemptions will be based on the purpose of the intended use. For instance, the Directive provides for an exemption to the exclusive right of reproduction and communication to the public when it is made for the sole purpose of illustration for teaching or scientific research, as long as the source, including the author’s name, is indicated, unless this turns out to be impossible and to the extent justified by the non-commercial purpose to be achieved.
Another exemption is “reproduction by the press, communication to the public or making available of published articles on current economic, political or religious topics or of broadcast works or other subject-matter of the same character, in cases where such use is not expressly reserved, and as long as the source, including the author’s name, is indicated, or use of works or other subject-matter in connection with the reporting of current events, to the extent justified by the informatory purpose and as long as the source, including the author’s name, is indicated, unless this turns out to be impossible”.
All the exceptions must comply with the three step test which imply that exemptions must only apply in certain special cases (1) which do not conflict with a normal exploitation of the work or other subject-matter (2) and do not unreasonably prejudice the legitimate interests of the rightholder (3).
If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.”
As you can see these notices are pretty straightforward and really you can just type in Fair Use into whatever search engine and pick and choose the one you like or best fits your requirements making slight adjustments.
Another good point in the aforementioned doc is Brett Gaylors Remixes Manifesto-
The remixers manifesto:
1. Culture always builds on the past.
2. The past always tries to control the future.
3. Our Future is becoming less free.
4. To build free societies, you must limit control of the past.
So lets take a look at this simple idea (most of the good ideas are the simple ones)
1- bang on and absolutely true
2- bloody right it does, this is why the big companies out there try their damnedest to hold onto power once they have it and will do everything they can to keep it. Thing is though people are starting to go around it and its power will fade with time
3- again true. Major corporations in the business of making money with no regards to people’s freedoms only care about locking everything and idea they can up in regulations to squeeze every dime they can out of the sheeple
4- again true and this is where we need to start fighting back. its ok that these companies have made money but to do so by quashing new ideas and expression is NOT ok. the business model is changing and “they” need to as well otherwise be consigned to the dust bin of history. but like the dinosaurs they will trumpet, stomp and roar but die out by failure to adapt.
Creative Commons is also a great way forward in sharing ideas and like in a not for profit model.The world and ideas are changing all of the time, vive la differneance
Some bands that are adapting, and thriving, by using creative commons are Nine Inch Nails, RadioHead (who are encouraging fans to do remixes! )and others just to name a few. A big BOO goes to Metallica, I guess those mansions and sports cars arent enough! Artists and musicians by making material freely available can only ensure their place in common culture by being open instead of exclusive. -EvS