Documentarians, 2005-2015
• Before: – Insurers on fair use: NO– Broadcasters: NO– Filmmakers avoided • Popular culture• Political/News• Music topics
Familiarity & Use of Fair Use
Yes; 78%
No; 12%
Not sure; 9%
Fair use definition matches my understanding
Yes; 58%No; 34%
Not sure; 9%
I license when I think I shouldn’t have to.
Effects of Fair Use
Absolutely necessary
Very useful
Somewhat useful
Not sure
Somewhat damaging
Very damaging
Totally damaging
0 50 100 150 200
187
102
47
47
21
10
0
How useful or damaging overall do you think fair use rights are for filmmaking?
Best Practices Code
Yes; 59%
No; 41%
Have you ever heard of The Documentary Filmmakers’ Statement of Best Practices in Fair Use? Have you
ever used it?
yes
Yes; 57%No; 34%
Unsure, 9%
Did you know that the International Documentary Association was one of the creators?
Yes; 64%
No; 36%
Visual Arts Professionals, 201
• Artists• Art historians/art history teachers• Studio art teachers• Museum personnel• Archivists• Librarians
Before
• Artists: Fair Use sometimes• Everyone else: License all the time• False confidence• Self-censorship
Fair Use Confidence is Low,But Most Understand the Term
Excellent11%
Good33%
Fair36%
Poor19%
How confident are you that you understand
how to apply fair use in your work?
Definition of fair use matches understanding
of the term
Yes72%
No11%
Unsure18%
Immediate Change with Code Knowledge
Yes63%
No37%
Aware of Code
Yes51%
No49%
Yes
Used Code
No
No
Yes
Employed FU
No38%
Pre-Code14%
Post-Code3%
Pre & Post21%
N/A24%
No41%
Pre-Code16%
Post-Code1%
Pre & Post22%
N/A20%
No29%
Pre-Code15%Post-Code
8%
Pre & Post36%
N/A12%
Series1
91%
90%
82%
89%
82%
68%
Series1
95%
93%
87%
95%
92%
76%
Creative appropriation can be “original”
Creative appropriation shouldn’t necessarily require permission
CAAMembers
DocumentaryFilmmakers
GeneralPopulation
US
non-US
Doc and Visual Art Professionals More Likely to be Pro-Remix
US
non-US
US
non-US
US
non-US
US
non-US
US
non-US
Communication Scholars, 2010-2015
• Before: – Confusion – Insecurity – Lax external vigilance
• After–Where knowledge increased, change– BUT…poor circulation of knowledge
Communication Scholars Value Fair Use
1 2 3 4 5 6 70
20406080
100120140160 145
60
25 298 4 3
Absolutelynecessaryfor creators and scholars
Totallyunfair
to creators and scholars
Veryuseful
Somewhatuseful
Notsure
Somewhatdamaging
Verydamaging
Mean:
1.97
Yes31.0%
No58.3%
Not sure10.7%
Few know Code, but those who do…Familiar with
Code of BestPractices
Have you everused the Code?
Was it helpful?
Yes Yes
Yes30.7%
No69.3%
Yes88.0%
Not sure10.7%
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