Abstract

http://ssrn.com/abstract=2119933
 


 



Copyright, Free Speech, and the Public's Right to Know: How Journalists Think About Fair Use


Patricia Aufderheide


American University - School of Communication; American University - Center for Latin American & Latino Studies (CLALS)

Peter A. Jaszi


American University - Washington College of Law

Katie Bieze


Center for Social Media

Jan Lauren Boyles


American University

July 30, 2012


Abstract:     
This study explores the problems that journalists face in employing the doctrine of fair use under copyright in their work. Journalists are key actors in the public sphere, because they create and circulate information for public knowledge and deliberation on public affairs, and shape knowledge and therefore expectations about the wider culture. To the extent that journalists inhibit their own performance because of copyright concerns, they limit their ability to perform that public sphere function. The study results from longform, open-ended interviews with 80 journalists in a variety of subject areas and on a range of media platforms. It finds significant evidence of delays, decisions to limit coverage and failure to disseminate on the basis of insecurity and misinformation about fair use. Journalists made aware of this problem took action to shape a set of principles interpreting their fair use rights.

Number of Pages in PDF File: 25

Keywords: Copyright, fair use, journalism, public sphere, First Amendment, freedom of expression, news

working papers series


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Date posted: August 1, 2012  

Suggested Citation

Aufderheide, Patricia and Jaszi, Peter A. and Bieze, Katie and Boyles, Jan Lauren, Copyright, Free Speech, and the Public's Right to Know: How Journalists Think About Fair Use (July 30, 2012). Available at SSRN: http://ssrn.com/abstract=2119933 or http://dx.doi.org/10.2139/ssrn.2119933

Contact Information

Patricia Aufderheide (Contact Author)
American University - School of Communication ( email )
Mary Graydon Center
4400 Massachusetts Av. NW
Washington, DC 20016
United States
American University - Center for Latin American & Latino Studies (CLALS) ( email )
4400 Massachusetts Avenue NW
Washington, DC 20016
United States
Peter A. Jaszi
American University - Washington College of Law ( email )
4801 Massachusetts Avenue N.W.
Washington, DC 20016
United States
Katie Bieze
Center for Social Media ( email )
Mary Graydon Center
4400 Massachusetts Av. NW
Washington, DC 20016
United States
Jan Lauren Boyles
American University ( email )
4400 Massachusetts AVE
NW Washington DC, DC 20016
United States
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