Aufderheide and Jaszi (2004)

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Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing (including video games) Specialised design Television programmes Translation and interpretation

1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

Aufderheide and Jaszi (2004)
Title: Untold Stories: Creative Consequences of the Rights Clearance Culture for Documentary Filmmakers
Author(s): Aufderheide, P, Jaszi, P.
Year: 2004
Citation: Aufderheide, P., & Jaszi, P. (2004). Untold stories: Creative consequences of the rights clearance culture for documentary filmmakers.
Link(s): Definitive , Open Access
Key Related Studies:
Discipline:
Linked by: Center for Social Media (2010)
About the Data
Data Description: Researchers interviewed 45 documentary filmmakers, including people in charge of making creative decisions such as directors, editors, and producers. Researchers used a questionnaire to explore three areas: (1) problems in rights acquisition of completed projects; (2) rights problems that resulted in stalled or incomplete projects; (3) rights permissions and experience with unauthorized or inappropriate use of her or his own work.
Data Type: Primary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: No
Comparative Study?: No
Literature review?: No
Government or policy study?: No
Time Period(s) of Collection:
  • 2004
Funder(s):
  • Funded by the Rockefeller Foundation

Abstract

This study explores the implications of the rights clearance process on documentary film making, and makes recommendations to lower costs, reduce frustration, and promote creativity. It focuses on the creative experience of independent, professional documentary filmmakers.

Main Results of the Study

  • Rights clearance costs are high, and have escalated dramatically in the last two decades.
  • Gatekeepers, such as distributors and insurers, enforce rigid and high-bar rights clearance expectations
  • The rights clearance process is arduous and frustrating, especially around movies and music.
  • Rights clearance problems force filmmakers to make changes that adversely affect—and limit the public’s access to--their work, and the result is significant change in documentary practice.
  • Filmmakers, while sometimes seeing themselves as hostages of the “clearance culture,” also are creators of it.
  • Filmmakers nonetheless exercise fair use, and imagine a more rational rights environment.

Policy Implications as Stated By Author

  • The development and dissemination of models of “best practices” for the incorporation of preexisting copyrighted materials by documentary filmmakers, based on collective discussions by distinguished creators of the way in which they actually do and reasonably could use such materials, consistent with the law.
  • The establishment of one or more “legal resource centers” to provide free or low-cost defense to documentary filmmakers (and other creators) who have been sued for copyright infringement despite good faith reliance on fair use.


Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Green-tick.png
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Green-tick.png
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Green-tick.png
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

Sample size: 45
Level of aggregation: filmmakers
Period of material under study: 2004