Jul 09 2008
Fair use in online video
Several years back the Center for Social Media published “Documentary Filmmakers’ Statement of Best Practices in Fair Use“. They have now followed up with a similar guide to fair use with regard to online video — via videomaker.com
Fair use is an “equitable remedy”, and as such is designed to protect the public from the over-zealous application of the copyright law. The CSM policy statements have no legal standing whatsoever. I understand they are designed to act as a sort of “expert witness” in copyright cases, but afaik they have yet to be upheld or ratified by any court.
One important point - as a doctrine based in equity rather than law fair use is beyond the purview of the legislature, and attempts by Congress to limit the definition of fair use are consistently resisted by the courts.
It is worth bearing in mind that there is a fundamental difference in philosophy and intent between the copyright laws of England (on which those of the US are based) and those of France and much of continental Europe. The copyright laws of France recognize an author’s inalienable right to control his/her work, the copyright laws of the UK and the US recognize no such right - they were formulated to promote commerce.
Going back to the nineteenth century publishers in the US routinely refused to pay royalties to European copyright holders, arguing that it was not in their country’s commercial interest to do so.
