Norms-Shifting on Copyright and Fair Use in the Visual Arts Community

Forthcoming, Visual Arts Review, Winter 2018

28 Pages Posted: 19 May 2017 Last revised: 20 May 2017

See all articles by Patricia Aufderheide

Patricia Aufderheide

American University - School of Communication

Aram Sinnreich

American University

Louisa Imperiale

School of Communication, American University

Carolyn Silvernail

Independent

Date Written: September 18, 2016

Abstract

This study tracks changes in behavior and attitude among visual arts professionals after the development of a code of best practices in the copyright doctrine of fair use. A survey of 2,400 professionals fielded only months after its publication demonstrated broad awareness of the code, informing practice and inspiring efforts to spread awareness. The greatest degree of awareness and change was among editors, several of whose publications altered their copyright policies. Professional and social networks were critical to spreading awareness. Despite a continuing lack of confidence in interpreting the law among individual professionals, the existence of a code contributed to significant change in norms and practices via institutional adoption. This study demonstrates that codes of best practices can affect field behavior, but that change depends on publicity, formal education, continuing support for early adopters, and institutional policy changes.

Keywords: Fair Use, Copyright, Permissions, Best Practices, Teaching, Visual Arts

Suggested Citation

Aufderheide, Patricia and Sinnreich, Aram and Imperiale, Louisa and Silvernail, Carolyn, Norms-Shifting on Copyright and Fair Use in the Visual Arts Community (September 18, 2016). Forthcoming, Visual Arts Review, Winter 2018. Available at SSRN: https://ssrn.com/abstract=2970811

Patricia Aufderheide (Contact Author)

American University - School of Communication ( email )

4400 Massachusetts Ave, NW
Washington, DC 20016
United States
202-885-2069 (Phone)

HOME PAGE: http://cmsimpact.org

Aram Sinnreich

American University ( email )

4400 Massachusetts Ave, NW
Washington, DC 20016
United States

Louisa Imperiale

School of Communication, American University ( email )

Mary Graydon Center
4400 Massachusetts Av. NW
Washington, DC 20016
United States

Carolyn Silvernail

Independent ( email )

No Address Available

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