Heins and Beckles (2005)
|Heins and Beckles (2005)|
|Title:||Will Fair Use Survive? Free Expression in the Age of Copyright Control.|
|Author(s):||Heins, M., Beckles, T.|
|Citation:||Heins, M. And Beckles, T. (2005) Will Fair Use Survive? Free Expression in the Age of Copyright Control. A Public Policy Report. Available: https://ncac.org/fepp-articles/will-fair-use-survive-free-expression-in-the-age-of-copyright-control (last accessed 23 May 2019)|
|Key Related Studies:|
|About the Data|
|Data Description:||The study implemented a range of methods, including:
• Focus group discussions with members of PEN American Centre, Women Make Movies, The College Art Association and the Location One Gallery;
• Telephone interviews with 17 participants;
• An online survey yielding 290 respondents, and;
• An analysis of 320 cease and desist and takedown letters.
|Data Type:||Primary data|
|Secondary Data Sources:|
|Data Collection Methods:|
|Data Analysis Methods:|
|Cross Country Study?:||No|
|Government or policy study?:||Yes|
|Time Period(s) of Collection:||
“Are increasingly heavy assertions of control by copyright and trademark owners smothering fair use and free expression? The product of more than a year of research, Will Fair Use Survive? paints a striking picture of an intellectual property system that is perilously out of balance.”
Main Results of the Study
• Many creators are aware of fair use, but often misunderstand how it works, including mistakenly believing that e.g. there are numerical limits on the amount of material that can be used under fair use.
• Fair use practices may be industry specific, with some industries (particularly in film and education) being particularly chilled by clearance culture, whereas bloggers/YouTubers etc. are more liberal in their use of other’s materials.
• Almost 50% of the cease and desist/takedown letters surveyed contained weak claims that may have been defeated by fair use or freedom of expression. More than half of the recipients who received such letters acquiesced to the request of the sender.
Policy Implications as Stated By Author
The report provides a range of recommendations, many focussing on improving copyright education and accessibility. This includes: creating a comprehensible clearinghouse on fair use; better uptake and awareness of counter notice procedures; monitor ISPs and their takedown behaviours and; creating a national legal support centre. The report also suggests some statutory amendments, including a reduction of penalties (including the elimination of monetary damages in cases where fair use was reasonably presumed) and introduction of alternative dispute resolution mechanisms.