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Fair Use, Free Speech, and Video

The Center for Social Media's Pat Aufderheide and Peter Jaszi's "Recut, Reframe, Recycle: Quoting Copyrighted Material in User-Generated Video" provides an extensive list of Fair Use justifications for using video clips (with extensive examples). The report,

shows that many uses of copyrighted material in today’s online videos are eligible for fair use consideration. The study points to a wide variety of practices—satire, parody, negative and positive commentary, discussion-triggers, illustration, diaries, archiving and of course, pastiche or collage (remixes and mashups)—all of which could be legal in some circumstances.

Examples of Fair Use in quoting non-textual have been around for about as long as the media themselves have been around, but we've paid them less attention. While the battle over Fair Use has largely been fought over textual media—with some success—the fight over video is both new and crucial. Aufderheide and Jaszi's report is a useful reminder of important ways that media such as video also need Fair Use protection.

[via Boing Boing]