I must have missed the previous inquiry but I wanted to chime in on this by providing a link to the Code of Best Practices in Fair Use for Media Literacy Education, as provided by American University's Center for Media and Social Impact: http://www.cmsimpact.org/fair-use/best-practices/code-best-practices-fair-us... The entire library of fair use codes through CMSI is worth browsing through, as well: http://www.cmsimpact.org/fair-use/best-practices Profs. Patricia Aufderheide and Peter Jaszi have written a great book called Reclaiming Fair Use (more info at http://www.cmsimpact.org/reclaiming-fair-use-how-put-balance-back-copyright) which explains the embrace of these "codes of best practices" for various groups, among other arguments. I heard Prof. Aufterheide speak on campus here at UO and she made some excellent points regarding fair use--she is of the opinion that we have tip-toed around fair use for too long as academics, and made the point that no academic has ever been successfully prosecuted for using materials for educational purposes. Of course, I am not a lawyer, but I do agree with the principles that she puts forth. -- Ryan S Eanes Media Studies PhD Candidate & Graduate Teaching Fellow University of Oregon School of Journalism & Communication 1275 University of Oregon, 210 Allen Hall Eugene, Oregon 97403-1275 rse@uoregon.edu <mailto:rse@uoregon.edu> . www.ryanean.es
Andrea Guzman <mailto:aguzma31@uic.edu> August 13, 2014 at 3:45 PM Hello all,
This is a response to Shira's question: "If a YouTube video does not have any copyright on them, would a screen shot of that video fall under fair use for scholarly publications?"
I would say that there is not enough information to make a determination. As someone who teaches copyright, and here I am talking about copyright in the U.S., one misconception of copyright that I routinely encounter is that if there is no copyright mark or claim, then there is no copyright. This is false. Copyright attaches once a work is produced and published regardless of whether a copyright symbol/claim accompanies it.
Now regarding Fair Use, multiple factors are weighed with one of the chief components being how the copyright material is being used. I assume you are using it as part of analysis and/or commentary, and this can be allowed under Fair Use; however, creative works also tend to have stricter protections on them. (Insert standard disclaimer: I am not a lawyer nor do I play one while teaching or on the AoIR listserv.)
To add to the resources already provided by others, I also suggest these websites:
U.S. Copyright Office: http://copyright.gov EFF's FAQ on Fair Use: http://www.teachingcopyright.org/handout/fair-use-faq (This is more for teaching, but it gives a general overview).
Also, for anyone who wants an interesting read on copyright gone sideways I suggest the following: "The $8,000 Mistake that All Bloggers Should Beware." Now this example is of a for-profit company, and not germane to your question, but it highlights some of the misconceptions of copyright. http://www.contentfac.com/copyright-infringement-penalties-are-scary/
Best of luck!
Andrea