Fair Use and Academic Freedom: Copyright Attitudes and Practices Among Communication Scholars in a...
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Fair Use and Academic Freedom Copyright Attitudes and Practices Among Communication Scholars in a Digital Environment Aram Sinnreich, American University SOC Patricia Aufderheide, American University SOC
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Transcript of Fair Use and Academic Freedom: Copyright Attitudes and Practices Among Communication Scholars in a...
Fair Use and Academic Freedom
Copyright Attitudes and Practices Among Communication Scholars in a
Digital Environment
Aram Sinnreich, American University SOCPatricia Aufderheide, American University SOC
The Comm Scholar Fair Use Survey
n = 350
Faculty73%
Students21%
Other6%
<5 years19%
5-10 years24%
10-20 years32%
20+ years25%
ICA member77%
non-ICA23%
Mostly faculty & students.
Over 90% from research Univs
Mostly ICA members
All career phases
Opinions
Communication Scholars Value Fair Use
1 2 3 4 5 6 70
20
40
60
80
100
120
140
160145
60
25 29
8 4 3
Absolutelynecessary
for creators and scholars
Totallyunfair
to creators and scholars
Veryuseful
Somewhatuseful
Notsure
Somewhatdamaging
Verydamaging
Mean:1.97
“How useful or damaging do you think fair use rights are for scholarship and creative expression?”
Fair Use is Educational & Liberatory“What words would you associate with fair use?”
Series1
98%
90%
82%
91%
82%
68%
Series1
98%
93%
87%
95%
92%
76%
Creative appropriation can be “original”
Creative appropriation shouldn’t necessarily require permission
Comm.Scholars
Doc.Filmmakers
GeneralPopulation
US
non-US
Communication Scholars Are Opento Creative Appropriation
US
non-US
US
non-US
US
non-US
US
non-US
US
non-US
Copyright, Fair Use & Labor
Scholars say Copyright Stifles Research & Teaching…
…yet most of the work they describe is
actually protected under fair use:• Making remixes &
mashups• Multimedia projects• Excerpt video for
teaching• Illustrations in
scholarly publications• Student assignments
in media production
“Are there scholarly or teaching practices you would like to try, if you were not limited by copyright?”
Yes61.7%
No38.3%
US Non-US
Yes72.6%
No27.4%
Copyright Concern Does Limit PracticeChanged a course or publication because of copyright restrictions
Sought permission despite probable fair use rights
<5 5-10 10-20 20+0%
25%
50%
75%
41.5%46.4%
59.0% 57.9%
Seniority (years)
<5 5-10 10-20 20+0%
25%
50%
75%
34.7%
28.8%
41.9%
51.4%
Seniority (years)
Comm Scholars Are Self-Censoring
Funder
Coauthor
AV staff
IT staff
Rights holder
Other
Legal
Editor
Librarian
Myself
0% 25% 50% 75%
3.2%
5.7%
6.4%
10.8%
12.7%
12.7%
15.3%
20.4%
27.4%
57.3%
“Who raised the copyright concerns?”
Real Fair Use Knowledgeis Power
Fair Use Confidence is High
Yes94.2%
No5.8%
Are you familiar with the term “fair use”?
Excellent25.5%
Good61.4%
Not sure8.2%
Not good3.0%
How would you rank your personal comfort level interpreting fair use?
Yes78.5%
No15.2%
Actual definition of “fair use” matches
understanding
Yes Good orExcellent
But Overconfidence is a Problem
Yes17.6%
No82.4
%
Did you know that Cambridge/Oxford
accept fair use?
Yes14.3%
No11.7
%
Don't know73.9%
Can students at your institution use fair
use in thesis?
Yes27.4%
No72.6%
Did you know that academics have
DMCA exemption?
Yes31.0%
No58.3%
Not sure10.7%
Best Practices – When Known – Can HelpFamiliar withCode of Best
Practices
Have you everused the Code?
Was it helpful?
Yes Yes
Yes30.7%
No69.3%
Yes88.0%
Not sure10.7%
Progress is a Mixed Bag
2010(code published)
2009 20140%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
43%
58%57%
87%
51%
65%
30%
40%
Employed Fair Use
Good/excellent knowledge of ©
Likely to change work if no © concerns
Paid when use was fair
