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Code of Best Practices in Fair Use for Online Video -- Public...

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Public Comment

on 2008-09-30 by saltybagel

Check number 6 also highlighter

Public Sticky notes

This document is a code of best practices that helps creators, online providers, copyright holders, and others interested in the making of online video interpret the copyright doctrine of fair use

Highlighted by heasulli

This is a guide to current acceptable practices, drawing on the actual activities of creators,

Highlighted by sarahhanawald

It’s not a guide to using material people give permission to use, such as works using Creative Commons licenses. Anyone can use those works the way the owners say that you can.

Highlighted by heasulli

t’s not a guide to material that is already free to use without considering copyright. For instance, all federal government works are in the public domain, as are many older works. In most cases, trademarks are not an issue. For more information on “free use,” consult the document “Yes, You Can!” and copyright.cornell.edu.

Highlighted by heasulli

It’s not a guide to using material that someone wants to license but cannot trace back to an owner—the so-called “orphan works” problem. However, orphan works are also eligible for fair use consideration, according to the principles detailed below.

Highlighted by heasulli

A distinguished panel of experts, drawn from cultural scholarship, legal scholarship, and legal practice, developed this code of best practices, informed by research into current personal and nonprofessional video practices (“user-generated video”) and on fair use. Full identification of panelists is on the back cover of this document

Highlighted by sarahhanawald

SIX: QUOTING IN ORDER TO RECOMBINE ELEMENTS TO MAKE A NEW WORK THAT DEPENDS FOR ITS MEANING ON (OFTEN UNLIKELY) RELATIONSHIPS BETWEEN THE ELEMENTS

Highlighted by saltybagel

for example, as in “Bush Blair Endless Love,” changes the meaning of all three pieces of copyrighted material

Highlighted by saltybagel

For example, fair use will not apply when a copyrighted song is used in its entirety as a sound track for a newly created video simply because the music evokes a desired mood rather than to change its meaning;

Highlighted by saltybagel