Fair Use at Work in the Visual Arts


copyright and fair use affect everyone
in the visual arts and is not the most well understood area if a misunderstanding so fair use
of copyrighted leads to a dampening of our artistic and
cultural production I think that’s a a big issue I think people were still so fearful and they’d say well I’m not gonna go
wright about that because I may not get permission at all and if
I do get permission I’m going to have to pay a lot of money artists, museum curators, publishers authors and teachers all use fair use
everyday they need fair use to do the best work they can do The constitutional goal of the Copyright Act is to promote the making and the dissemination of
culture that’s a purpose that we can immediately
understand as being extremely consistent with free expression values expressed in the
first amendment of the US Constitution the feature that does the most to equilibrate the competing interests and copyright
owners and members of the public who seek to use copyrighted material is the so-called Fair Use Doctrine fair use is the part copyright law that allows people to use copyrighted
material to make new work we all build culture on top of existing culture so
all of us every day are in the process of as we
say standing on the shoulders of giants we are building on what came before us and
we’re adding to it, we’re adding value to the culture by our own expressions when deciding fair use cases courts tend to ask functionally to questions is the use transformative and is the amount of material used
proportionate and if the answer to those two questions
is in the affirmative then, the track record of the last twenty
years indicates that almost without exception that use
will be considered a fair one, a non-infringing one I think that code and fair use practices
developed by the College Art Association is important for the field precisely
because it serves to provide clarity about what uses of third-party
copyrighted material may be deemed fair. We want to take on the fear of using copyrighted material The CAA code of best practices is a part
attempted to do is to give the power to make reliable fair use decisions to practitioners themselves The code of best practices doesn’t say what
everybody in the world agrees on about this. It
merely says this is what we in good faith believe we need from this law in order to create new
culture The code of best practices is organized by the most common situations
that visual arts professionals face when they need fair use and they
are analytic writing for instance ready in scholarly journals
second teaching about art third making art fourth museum uses and 5th online access to archival and Special
Collections and for each case for each of those situations you
have a description of the most common practices, the
principle that allows you to apply fair use to those practices and third the
limitations that allow you to know what are the limits a fair use in these
situations my hope is that the code of best
practices will allow us to focus on our core
mission doing what we really want to do which is
publish terrific books we’re really hoping that this new
code best practices for fair use will allow our artists and
scholars to work unimpeded on new and original work I think it will free up scholarship it
will also free up artists I think it will free up everyone in the field to do their work.

3 thoughts on “Fair Use at Work in the Visual Arts

  1. I need help with a issue. I created a piece adding two artist and creators together. I got permission from one but the other artist that created the song I used said he wanted to pass. Does this mean my creation is dead ?  I did say I would go away without questions but this fair use has me in a question mode. JB at http://onlinebusinesstrain.com or http://forrestfennsworld.com I will thank you for any response Thank You

  2. Maybe show the "Passer" your intentions and where you are at with the piece. 
    If still resistant, get another artist.  Plenty will be happy to give.
    Stay in the flow >><<

  3. What do fair use mean in industry, advertising, illustration and graphic design?

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