copyright

NAMAC Update on Orphan Works Legislation

Author: 
David Schwartz and David Lydon
Orphan works is a copyright issue that affects a large number of filmmakers and artists today. Learn more here.

Report: Will Fair Use Survive? Free Expression in the Age of Copyright Control

The result of more than a year of research -- including many firsthand stories from artists, historians, Web bloggers, and others -- "Will Fair Use Survive?" documents how the rights to fair use and free expression are being threatened by an intellectual property system that is perilously out of balance.

The report includes six recommendations for change. Documentary filmmaker of "Hoop Dreams," Gordon Quinn, proclaims that the report "is part of a wider movement to educate people about fair use, and it's going to help us users organize and reassert the right to fair use."

Beyond Eldred: What's Next For Copyright Reform?

Author: 
GiGi Sohn
On January 15, 2003, the Supreme Court issued a decision in the most significant copyright case in almost two decades. Eldred v. Ashcroft challenged the 1998 Sonny Bono Copyright Term Extension Act (CTEA), which had extended copyright terms to life-plus-70 years for an individual author and 95 years for corporations' twenty years past previous limits.

Talking "E/O" at the Capitol

Author: 
Pam Colby

Have you ever wanted to use a photo, some footage, or a poster while working on a documentary project, and found that you weren’t clear about who owns the copyright? Maybe you did your research and discovered that the poster is from 1958 and the printer is out of business. That makes the poster an “orphan work.” What do you do? As the law now stands, you are better off avoiding using a potentially risky element than facing the peril of not getting “Errors & Omissions” (E/O) insurance. Thus you must leave it out of your project. Without E/O insurance your rising star doesn’t stand a chance of distribution.

Missing in Action: Copyright Clearance and the Orphan Works Dilemma

Author: 
Christine Kawasaki
So-called “orphan works”—possibly-copyrighted works for which a copyright holder cannot be found—can be a real problem for an artist, historian, or filmmaker. You may have experienced the problem of orphan works firsthand; if not, you probably know someone who has. Perhaps you had an idea for a film adaptation of an obscure book, but could not complete the project because you were unable to locate the book’s copyright holder even after an extensive search. Or perhaps you are an experimental filmmaker who is unable to make use of found footage for the same reason, even though the footage is apparently no longer wanted by either the creators or their heirs... These are all orphan works problems.

Untold Stories: Creative Consequences of the Rights Clearance Culture for Documentary Filmmakers

Author: 
Pat Aufderheide and Peter Jaszi
This report, produced in conjunction with the Program on Intellectual Property and the Public Interest in American University's Washington College of Law, results from dozens of in-depth interviews about rights clearance with documentary filmmakers working in today's theatrical and TV environment. The report reveals the lived experience of "clearance culture" and its creative cost.

For the complete report visit: http://centerforsocialmedia.org/rock/index.htm


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If so, send your updated info to Aggie Ebrahimi Bazaz at aggie [at] namac [dot] org!