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"Jaszi, Peter"
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Fair Use and Education: The Way Forward
The ability to make reasonable fair use of copyrighted material is both economically and culturally important to the enterprise of education. No other feature of copyright laws offers educators access of the same potential scope. In asserting fair use, teachers, librarians, and others cannot rely on a claim of “economic exceptionalism,” for which there is no clear basis in U.S. copyright law. Nor can they expect to arrive at satisfactory shared understandings with copyright owners. Instead, they should seek to take advantage of current trends in copyright case law, including the marked trend toward preferring uses that are “transformative,” where the amount of content used is appropriate to the transformative purpose. Over twenty years, we have accumulated considerable information about what constitutes “transformativeness,” and members of the education community are well positioned to provide persuasive narratives explaining how educational uses significantly repurpose and add value to the copyrighted content they incorporate.
Journal Article
Copyright in Transition
The first important treatise on American copyright, Eaton S. Drone’s influentialA Treatise on the Law of Property in Intellectual Productions in Great Britain and the United States, was published in Boston in 1879. In 1944 two New York lawbook publishers issued a standard survey of the subject for another generation:The Law of Copyright and Literary Propertyby Horace G. Ball.¹ A comparison of these volumes reveals that in the intervening decades the law of copyright in the United States had undergone a marked transformation. That transformation facilitated the emergence of the American book trade as an enterprise engaged
Book Chapter
In Focus: Fair Use and Film: Untold Stories: Collaborative Research on Documentary Filmmakers' Free Speech and Fair Use
The Untold Stories project was originally established in 2003 to discover how tight copyright affects documentary filmmakers. The project was a collaboration between two centers at American University - the Washington College of Law's Project on Intellectual Property and the Public Interest, headed by Professor Peter Jaszi, and the School of Communication's Center for Social Media, headed by Professor Pat Aufderheide. Research and discourse ultimately ended with a statement titled \"The Documentary Filmmakers' Statement of Best Practices in Fair Use.\"
Journal Article
Untold Stories: Collaborative Research on Documentary Filmmakers' Free Speech and Fair Use
Understandably, consumer journalism has seized on two features of the debate: industry's claim of \"copyright piracy\" endangering the future of the American economy and way of life; and the decision by some artists and activists to violate the law in order to bring attention to the issue.
Journal Article
505 and All That. The Defendant's Dilemma
Section 505 of the Copyright Act of 1909 was carried forth, without substantive change, into the Copyright Act of 1976. An assessment of section 505 is presented.
Journal Article
