Aufderheide, Milosevic and Bello (2015)

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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, Milosevic and Bello (2015)
Title: The Impact of Copyright Permissions Culture on the U.S. Visual Arts Community: The Consequences of Fear of Fair Use
Author(s): Aufderheide, P., Milosevic, T., Bello, B.
Year: 2015
Citation: Aufderheide, P., Milosevic, T., & Bello, B. (March 11, 2015). The Impact of Copyright Permissions Culture on the U.S. Visual Arts Community: The Consequences of Fear of Fair Use. New Media & Society.
Link(s): Definitive , Open Access
Key Related Studies:
Discipline:
Linked by: Aufderheide, Sinnreich, Imperiale, and Silvernail (2016)
About the Data
Data Description: First, the U.S.-based international organization College Art Association (CAA) sent a survey (prepared by the authors of the study) to its 35000 past and present members, and 2100 individuals completed the survey using Survey Monkey. Secondly, the authors conducted in-depth interviews with 100 professionals, reached through personal networks of CAA members.
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:
  • 2013 (for survey)
Funder(s):

Abstract

“As digital opportunities emerge in the visual arts — to produce multimedia art and digital scholarship, publish online, hold online museum exhibitions — old copyright frustrations have worsened in a field where getting permissions is routine. A national survey of 2,828 visual arts professionals, combined with 100 in-depth interviews of visual arts practitioners throughout the U.S., explored how visual arts professionals use the U.S. copyright doctrine of fair use. Results showed widespread lack of confidence and misconceptions about fair use; resulting exaggerated risk assessment; personal and social relations within the community that deter reliance on fair use; and consequent delays, deformations and failure to execute mission. The 2015 creation of a fair use code of best practices may alleviate the deformations found in this survey".

Main Results of the Study

70% of the involved professionals in the study claimed the use of others’ copyrighted works in their own. Interviewees and survey respondents usually lacked copyright education and training and thus did not have much knowledge about fair use and its application, but at the same time the same respondents showed confidence in their copyright understanding. Visual artists are the ones that look the most for copyright permissions. Instead artists were the ones to most likely use copyrighted works without seeking permission. In assessing whether or not to ask for copyright permission, they considered aspects of “legal risk, social reputation, irritation, relationships and respect”. In general interviewees were afraid to be sued by big players in the industry, and this concern was not related to the actual experience of direct legal challenge (which was quite low) but simply to the “the belief that copyright is fraught with threatening situations”.

Policy Implications as Stated By Author

Although the study does not make explicit policy recommendations, authors speculate that the newly released code of best practices in fair use will allow visual art professionals to acquire more information towards fair use and its application, leading – possibly – to more conscious decisions.


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)
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

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