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In the increasingly complex and combative arena of copyright in the digital age, record companies sue college students over peer-to-peer music sharing, YouTube removes home movies because of a song playing in the background, and filmmakers are denied a distribution deal when a permissions "I" proves undottable. Analyzing the dampening effect that copyright law can have on scholarship and creativity, Patricia Aufderheide and Peter Jaszi urge us to embrace in response a principle embedded in copyright law itself--fair use. Originally published in 2011, Reclaiming Fair Use challenged the widely held notion that copyright law is obsolete in an age of digital technologies. Beginning with a survey of the contemporary landscape of copyright law, Aufderheide and Jaszi drew on their years of experience advising documentary filmmakers, English teachers, performing arts scholars, and other creative professionals to lay out in detail how the principles of fair use can be employed to avoid copyright violation. Taking stock of the vibrant remix culture that has only burgeoned since the book's original publication, this new edition addresses the expanded reach of fair use--tracking the Twitter hashtag #WTFU (where's the fair use?), the maturing of the transformativeness measure in legal disputes, the ongoing fight against automatic detection software, and the progress and delays of digitization initiatives around the country. Full of no-nonsense advice and practical examples, Reclaiming Fair Use remains essential reading for anyone interested in law, creativity, and the ever-broadening realm of new media.
What is an author? What is a text? At a time when the definition of
"text" is expanding and the technology whereby texts are produced
and disseminated is changing at an explosive rate, the ways
"authorship" is defined and rights conferred upon authors must also
be reconsidered. This volume argues that contemporary copyright
law, rooted as it is in a nineteenth-century Romantic understanding
of the author as a solitary creative genius, may be inapposite to
the realities of cultural production. Drawing together
distinguished scholars from literature, law, and the social
sciences, the volume explores the social and cultural construction
of authorship as a step toward redefining notions of authorship and
copyright for today's world. "Contributors." Rosemary J. Coombe, Margreta de Grazia, Marvin
D'Lugo, John Feather, N. N. Feltes, Ann Ruggles Gere, Peter Jaszi,
Gerhard Joseph, Peter Lindenbaum, Andrea A. Lunsford and Lisa Ede,
Jeffrey A. Masten, Thomas Pfau, Monroe E. Price and Malla Pollack,
Mark Rose, Marlon B. Ross, David Sanjek, Thomas Streeter, Jim Swan,
Max W. Thomas, Martha Woodmansee, Alfred C. Yen
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