Patricia Aufderheide and Peter Jaszi (2011) made a
compelling argument for fair use in their book Reclaiming Fair Use: How to Put Balance Back in Copyright. In
chapter seven, they explained the licensing and copyright issues confronting
documentary filmmakers. These filmmakers were supposed to be documenting
culture and yet they changed the appearance of the culture they filmed in order
to ensure they were not infringing on any copyrighted material. The reason they
engaged in this behavior was to ensure their films could be insured because
without insurance, they would have no market. Their subsequent efforts to draft a statement outlining best practices
for fair use and the success they achieved created a sense of hope that in the
madness of the copyright chaos fair use could become a powerful tool. I think
Aufderheide and Jaszi should be commended for encouraging and helping various
groups identify best practices within their fields for implementing fair use.
In chapter eight, the authors revealed that the guidelines
currently being promoted by librarians and educators were based on faulty
guidelines that were supported by the industries who would be best served by
limited use of fair use. These guidelines, while not part of the 1976 revision
of the Copyright Act, became associated with the law because they were read
into the congressional record. Because they favored a strict interpretation
that limited the use of fair use, the holders of copyright continued to promote
the guidelines as the definitive word on how to interpret fair use. Educators
and librarians ability to perform their jobs was affected. The development of a
code of best practices to be used when implementing media in education helped
to create a new environment for teachers where they could teach using
appropriate material and educate their students on how to use fair use to
create new works of culture.
The book, Reclaiming
Fair Use changed how I viewed copyright and fair use. If I could, I would
create a code of best practices for advisors and other staff in higher
education. We too teach and influence college students on a regular basis. I
have learned about amazing ways to use technology to teach and yet there
remains a fear that I or my students will infringe on copyright if I assign a
project using technology. In a sense, my
ability to teach students is being hampered just as documentary filmmakers and
educators were. While there are similarities in teaching and advising, I would
hesitate to assume I could use the same best practices as teachers since I am
working with adults and not children.
According to Aufderheide and Jaszi, Fair use is a valuable
tool that needs to become a part of our culture once again. Even though copyright
laws have become stronger, fair use is as much a right as copyright. Their book outlines how to ensure fair use is
implemented appropriately. It also clears up where the confusion started and
how to end it. The key element of the book is the idea that any group or
individual can, with education, learn how to employ fair use to create. I am encouraged that even though locked up by
copyright, our culture is still free to be used to create new works.
