Code of Best Practices Response
This document was something I was
really interested in reading as I went into it, copyright and fair use
conversations are becoming more and more prevalent in our society, yet often
the exact rules of what constitutes copyright infringement don’t always seem to
be clear. Something I didn’t think about that was brought up in the document
was about how nonprofessional video can be much more easily distributed nowadays,
and as such there is more of a chance for these amateur videos to possibly have
an affect on established businesses, making knowing these laws even more important.
What I was surprised to read was that fair use does not necessarily have an explicit
letter of law, but rather it is flexible and able to be changed to apply to
different circumstances. I can definitely see how this is a good attribute, as
art in particular is a very broad field, so applying one set law to regulate it
would be very difficult. However, I also think it’s possible that this kind of
system could lead to arbitrariness in rulings and judges coming to different
conclusions. I have also seen many situations where companies have abused fair
use, such as by claiming the revenue of YouTube videos that include small
snippets of their content, but in that case, I think it comes down to YouTube needing to do
a better job at monitoring that activity. After reading the list of best practices,
I feel confident that as long as I am not reproducing someone’s work with little
to none of my own input or transformation, I would be protected by fair use laws.
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