Demystifying Fair Use: the Gift of the Center for Social Media Statements of Best Practices

Journal of the Copyright Society of the USA, Vol. 57, No. 337, 2010

14 Pages Posted: 13 Feb 2012  

Jennifer M. Urban

University of California, Berkeley - School of Law

Anthony Falzone

Stanford Law School Center for Internet and Society

Date Written: October 25, 2010

Abstract

The fair use doctrine is famous for its uncertainty. As lawyers who counsel clients making fair use of copyrighted materials, we have experienced the frustration caused by fair use’s unpredictability on many occasions. In this Essay we discuss a more positive piece of the story: the development of Statements of Best Practices in Fair Use for various user communities. The Best Practices, pioneered by Peter Jaszi and Patricia Aufderheide, have helped demystify fair use for specific user groups without unduly limiting the flexibility that gives the fair use doctrine its strength, and have helped lawyers and gatekeepers understand important user norms.

Keywords: copyright, fair use, best practices, filmmakers

Suggested Citation

Urban, Jennifer M. and Falzone, Anthony, Demystifying Fair Use: the Gift of the Center for Social Media Statements of Best Practices (October 25, 2010). Journal of the Copyright Society of the USA, Vol. 57, No. 337, 2010. Available at SSRN: https://ssrn.com/abstract=2004030

Jennifer M. Urban (Contact Author)

University of California, Berkeley - School of Law ( email )

342 Boalt Hall, North Addition
Berkeley, CA 94720-7200
United States
(510) 642-7338 (Phone)

HOME PAGE: http://www.samuelsonclinic.org

Anthony Falzone

Stanford Law School Center for Internet and Society ( email )

Palo Alto, CA
United States

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