Position on “fair use”


[...] While the filter model

[…] While the filter model we’ve converted IMR to has made it much easier for curator’s to access digitized versions of materials to comment on – and in the case of Jyotsna Kapur’s contribution is something you really might only be able to find on-line – there remains some question as to the efficacy of relying on third-party hosting sites like Youtube, especially for materials uploaded by our curators (rather than “found”), given Youtube’s penchant for cowing to corporate threats and yanking down anything that potentially challenges copyright and fair-use laws. Clearly, Viacom’s latest demands are a clear example of this. MediaCommons is adamant about the rights of scholars to quote from media materials as part of our critical analytical and pedagogical practices, but nonetheless, as my esteemed colleague Jeremy Butler points out, we might be facing a serious conflict of interests. While discussing the possibility of using a clip from “My Name is Earl” for an upcoming IMR curatorial effort, Butler expressed the following concerns (reprinted below with his permission): […]