Cindy Lee Garcia acted in a film with the provisional title of “Desert Warrior.” That film was never released, but an excerpt from her performance was used in an anti-Muslim film, “Innocence of Muslims,” with dubbed dialogue that included anti-Islamic remarks. The release of “Innocence of Muslims” resulted in widespread rioting in the Middle East, and a death fatwa was issued for Garcia. A federal appeals court has now ordered YouTube to take the video down.
Some wonderful films and some wonderfully awful films—from Buster Keaton’s “The General” to George Romero’s “Night of the Living Dead”—are in the public domain and freely available on video, on DVD, or on the web, though print quality may be more awful than wonderful. The films have fallen into the public domain for various reasons: expired copyright, copyright not renewed, or no proper notice of copyright when released.
In the fall of 2012, the College Art Association began a project designed to formulate and disseminate a code of best practices for fair use. The CAA believes that defining a reasonable middle-of-the-road approach will facilitate use of third-party copyrighted material in the work of its constituent communities. Patricia Aufderheide, professor of communications, and Peter Jaszi, professor of law, both of American University, were engaged to lead the research. The first phase of the project just concluded, and a report, “Copyright, Permissions, and Fair Use among Visual Artists and the Academic and Museum Visual Arts Communities: An Issues Report,” has been published online. Work will continue over the next two years, culminating in dissemination of a Code of Best Practices for Fair Use in the Creation and Curation of Artworks and Scholarly Publishing in the Visual Arts in 2015-2016.
Links to various codes of best practice may be found on Stanford’s Fair Use site, at http://fairuse.stanford.edu/charts-and-tools/#codes_of_best_practices
“More than 80 percent of revenge porn photos are selfies,” so most victims of revenge porn own the copyright in the images. No need for a lawyer—victims can use the provisions of the DMCA (Digital Millennium Copyright Act) to have posted photos taken down. The website that published the copyrighted photos will likely comply, because ignoring a takedown notice incurs a potential liability of up to $150,000 per image.
In an Inside Higher Ed article, Barbara Fisher discusses the recent spate of Elsevier takedown notices and author’s rights. She provides a list of resources about author’s rights and open access, including the “Science Commons Scholar’s Copyright Addendum Engine,” which is particularly useful.
|<< <||> >>|