Important Survey On Fair Use Practices And Understanding

from the take-part dept

Wed, Oct 23rd 2013 3:44pm — Mike Masnick

Elisa Kreisinger, an artist who makes strong use of fair use for remixing in her art, and refers to herself as a "pop culture pirate," has put together a survey about how people use fair use. Since many of our readers here have experience with fair use, we urge you to take part in the survey. It's especially targeted at creators who have to deal with fair use on a regular basis.

Remixers are not pirates or lawbreakers. We actually make some of the best (not to mention funniest and most entertaining) examples of Fair Use in action. But we need to know the law, our rights under it and assert these rights when needed.
We’re at a pivotal point in remix culture: artists and creators and makers have a working understanding of Fair Use; we talk about at conferences, on Twitter and of course on YouTube. But for all the talk, we’re still confused about how to use it and our Fair Use work is continually threatened by takedowns and copyright violations. As a result, when forced to defend or dispute the legality of our work, we often succumb to myths that favor the copyright holder over ourselves as creators. My Eyebeam/Public Knowledge installation, Fair Use(r), seeks to shed light on this dynamic through crowd sourcing data on artists experiences’ negotiating Fair Use in remix culture. Anyone can participate, starting today, right here.

As she notes, this is part of a new art project she's working on, as an artist-in-residence for Eyebeam and Public Knowledge. The survey itself is only open for another day or so, so please take the time to fill it out and share your experiences with fair use.

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Filed Under: copyright, creativity, elisa kreisinger, fair use, remix

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out_of_the_blue, 23 Oct 2013 @ 4:37pm

Second-handers.
"creators who have to deal with fair use on a regular basis" -- Here that means hacks who steal all they can get away with.

"often succumb to myths that favor the copyright holder over ourselves as creators" -- Except those aren't myths; they're clearly derived from common law that might be expressed "I made it, therefore I own it; you do not".

You'll definitely fail if allying with people who state an abject dependence on others. Geez, people: the real creators want to see even a tiny spark from you, not have their own works mangled until sickening. Just do your own work as originally as you can.
If you're against copyright, quit putting your name on posts! You don't own the idea!

12:37:48[n-370-3]
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Shadow Dragon (profile), 23 Oct 2013 @ 4:50pm

Re: Second-handers.
Typical OOTB doesn't like k it when fair use is enforced.
Typical OOTB posts ad hominem attacks and logical fallacies to gain attention because he's a lonely ads troll that no straight woman or gay male (like myself) would sleep with him.
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Anonymous Coward, 23 Oct 2013 @ 5:04pm

Re: Second-handers.
"they're clearly derived from common law that might be expressed "I made it, therefore I own it; you do not"."

and it's been proven time and again that copyright is not derived from common law. the sweat of the brow argument has been repeatedly rejected.

" If you're against copyright, quit putting your name on posts! You don't own the idea!"

copyright and attribution are separate issues dunce
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S. T. Stone, 23 Oct 2013 @ 5:24pm

Re: Second-handers.
Here that means hacks who steal all they can get away with.

Does this include you? After all, you just quoted part of someone else�s work for the purposes of commentary and criticism, which means you relied on Fair Use.
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Anonymous Coward, 23 Oct 2013 @ 5:57pm

Re: Second-handers.
I don't know OOB, it sure looks like your comment is relying heavily on the work of others in those excerpts you quoted. Maybe you should just do your own work as originally as you can and stop relying on other people's content.
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Anonymous Coward, 24 Oct 2013 @ 1:52am

Re: Second-handers.
OH the irony. You clearly stole those tepid, morally bankrupt talking points from Chris Dodd again, didn't you?
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Ninja (profile), 24 Oct 2013 @ 3:27am

Fair use shouldn't be mere defense. It should be the first line of action and if a copyright holder wants to take something down the person that created it should be able to block the attempt before anything is taken down. If the content owner still wants to test if it is fair use it should go to the courts. You know, due process, no censorship.

Hopefully we'll reach that stage at some point.
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Anonymous Coward, 24 Oct 2013 @ 3:27am

ask Katy Perry. she loves 'fair use' and all who sail in it.

moron couldn't tell the difference between fair use and fair weather. she's so wrapped up with doing as she's told, she only knows what day it is after getting her daily instructions
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Anonymous Coward, 24 Oct 2013 @ 7:31am

Re: Second-handers.
You are a paid shill.
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Anonymous Coward, 24 Oct 2013 @ 8:00am

Re: Re: Second-handers.
But everyone knows that the best subjective art is 100% subjectively original. And you can point to Art History all you want, but when dealing with art it's important to point to Intellectual Property History to get at the truth.
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Karl (profile), 24 Oct 2013 @ 5:14pm

Re: Second-handers.
Except those aren't myths; they're clearly derived from common law that might be expressed "I made it, therefore I own it; you do not".

Copyright is not based on common law.

Fair use, on the other hand, is based on common law.

It's amazing how completely wrong you are about everything.
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