Thursday, October 27, 2016

Fair Use Project: Tuesday, 11/01

For Tuesday's class, come prepared with a sketch for your idea for the "fair use" project. You need to use something that's copyrighted – an image, a photo, a logo, a tagline, a story, a song lyric, whatever it may be – and you need to change it enough that you think you'd have a "fair use" case for your use of the copyrighted material.

Obviously we're creating this project for class, but I want you to imagine your fair use project being used in some other venue. The intended venue of the work could have a strong bearing on whether your work is "protected" or not -- so please imagine the artwork is intended to be shown on a T-Shirt, in a gallery, on a billboard, or what have you. For Thursday, you'll have to have a written defense of your work on fair use grounds - we'll put you "on trial" and see if you get thrown in copyright jail or not.

If you want to refresh yourself on some copyright info, there are free digital versions of a Duke Copyright Fair Use comic here:

http://www.law.duke.edu/cspd/comics/digital.php

Again, fair use can be invoked for the following reasons:

To report on news
To make a parody
To copy for class
To criticize
To quote for scholarly purposes
For research

For the purposes of this project, you'll be leaning on either the "parody" or "criticism" angle.

There are also the "four guidelines" for fair use:

1. The Transformative Factor: The Purpose and Character of Your Use

2. The Nature of the Copyrighted Work

3. The Amount and Substantiality of the Portion Taken

4. The Effect of the Use Upon the Potential Market

More detailed info here:
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-b.html

Ultimately, you will be referring to those four guidelines to defend your "fair use"position.


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