Aufderheide et al. (2013)

From Copyright EVIDENCE

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 et al. (2013)
Title: Copyright, Free Speech, and the Public's Right to Know: How Journalists Think About Fair Use
Author(s): Aufderheide, P., Jaszi, P., Bieze, K., Boyles, J.
Year: 2013
Citation: Aufderheide, P., Jaszi, P., Bieze, K. and Boyles, J. (2013) Copyright, Free Speech, and the Public's Right to Know: How Journalists Think About Fair Use. Journalism Studies, 14(6)
Link(s): Definitive , Open Access
Key Related Studies:
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About the Data
Data Description: Data were gathered from interviews with 80 journalists from the United States, including reporters, editors and freelance workers.
Data Type: Primary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
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Cross Country Study?: No
Comparative Study?: No
Literature review?: No
Government or policy study?: No
Time Period(s) of Collection:
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Abstract

“This study explores the problems that journalists face in employing the doctrine of fair use under copyright in their work. Journalists are key actors in the public sphere, because they create and circulate information for public knowledge and deliberation on public affairs, and shape knowledge and therefore expectations about the wider culture. To the extent that journalists inhibit their own performance because of copyright concerns, they limit their ability to perform that public sphere function. The study results from longform, open-ended interviews with 80 journalists in a variety of subject areas and on a range of media platforms. It finds significant evidence of delays, decisions to limit coverage and failure to disseminate on the basis of insecurity and misinformation about fair use. Journalists made aware of this problem took action to shape a set of principles interpreting their fair use rights.”

Main Results of the Study

• Journalists frequently employ fair use exceptions but are unaware of doing so; instead, they operate under other, separate copyright misconceptions relating to: First Amendment rights; a belief that certain materials are in the public domain materials (e.g. a belief that all government documents are copyright-free, or that if someone has died then there is no copyright relating to the use of their material), and; a belief that in some cases they are acting under implicit permission (e.g. from interviewees).

• Journalists are most confident about rights to access word-based documents, but less so with other mediums, including web-based material, social media, music and video.

• The most commonly erroneously understood aspects of fair use include: a belief that only a fixed amount of a work can be used under the doctrine; misunderstandings about noncommerciality, and; a belief that potential market loss is a key factor in defining fairness.

• In lieu of certainty over fair use, use of copyrighted material is perceived at high risk, and as putting oneself at risk of litigation. As a consequence, journalists routinely exhibit self-censorship behaviours, incur higher expenses through (unnecessary) licensing, create a time lag on time-sensitive issues, and may ultimately weaken their work (e.g. by not accompanying a report with an appropriate photograph).

Policy Implications as Stated By Author

The study does not offer any explicit policy recommendations.



Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
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)
Green-tick.png
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Green-tick.png
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: 80
Level of aggregation: Journalists
Period of material under study: