Educators might do well to consider the example of documentary filmmakers. These filmmakers were finding themselves unable to get the insurance companies that cover their industry to agree to cover any film if it made any fair use of copyrighted materials whatsoever. They were increasingly subjected to rights clearance requirements even for trivial use of ostensibly copyrighted material, and it was interfering with their ability to use film as a medium for speaking out.
Ultimately, a group of five documentary film organizations came together to draft a Statement of Best Practices in Fair Use for their industry. This Statement was then endorsed by fifteen organizations, giving it a compelling claim to representing the standards of that community. This proved crucial, since community standards are given significant weight when determining whether use is fair use. This Statement became the definitive one by which courts would make this determination, leading to greatly increased confidence on the part of documentary filmmakers and the companies that insure them. In fact, several insurance companies have since switched from rejecting all fair use to covering it, provided that it falls within the parameters outlined by the Statement.
American educators should look at this example and work together to put together a similar statement that can help reclaim fair use as a clear-cut option for teachers and professors who wish to make use of the vast culture that surrounds us when engaging in our professions. Fair use is ultimately based on our right to free speech. Let's speak out while we still can!
- 瀏覽次數：1248
