Copyrights Law
One of the central themes in the reading for this past week is that film-makers are often thwarted in their creative efforts by concerns that their new work may be making illegal use of the copyrighted work of other artists. Although they are entitled to the shelter of the Fair-Use exception to copyright, this is frequently an impractical umbrella under which to carry out theirprojects.
Please propose some change in the system designed to help these artists. This change could be drastic (e.g. end the copyright system) or minor (e.g. expand the categories that clearly qualify for Fair Use (news reporting, educational use, scholarship, non-profit use, etc.)). For example, one might propose a system where a film-maker lists in a designated place on the
internet all the prior material for which she seeks the Fair-Use exception prior to the official release of the new work. After that point, the burden would fall on those whose works were listed therein, to contact her if they object to the use or believe it does not qualify as Fair Use. Should
any rights holder on the list fail to respond, the law would deem the proposed use a Fair Use bydefault.
When writing your response please consider the following issues: How and why would your idea improve the system? What are the costs involved in the proposal? Do the costs outweigh the benefits to society as a whole? Who is most hurt under the new system? Who ismost helped?
Please answer this question in 11-point font in three to four double spaced pages (please don’t go over four, number the pages and keep the Word-style default margins). It’s not necessary to write a lot; it’s much more useful to think a lot and rely upon the best of your thoughts. If I were completing this assignment, I would spend significant time thinking and outlining as well as writing. I would try to write concisely. The concepts in the “Bound by Fair Use” are meant to be a stimulus to your thoughts. You do not have to parrot them back. It will be far more fruitful to rely on your own ideas. Thanks for your work and good luck.
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