Week 1-The Thin Fair Use Line

I knew the definition of 'Fair Use" was a slippery one, but I did not realize just how slippery. I was not, I hate to admit, aware of the exact verbiage until part 2 of this weeks required material. And, I might add, I'm still not completely sure. It seems like it is a hard thing to completely pin down.

As an educator that creates media for both my students and my staff, I am most concerned about how fair use applies to education. According to Mr. Bustillos, a good barometer for whether or not an educator can use copyrighted material for instruction is to ask the question can the unit still be taught if the material in question is removed. This is reasonable and easy to apply in his example of background music; however, this criteria could easily come into question and become more complicated depending on the circumstances of usage. In situations where the material in question is less clear-cut it seems one could foster a cogent argument either way. Ultimately, one must still exercise caution because if questioned it could easily turn into a game of he said/she said with little objectivity.

The new definition for documentary film makers creates similar problems. To paraphrase the rule states fair use applies as long as the one borrowing the material contributes more to society than he/she detracts from the original creation. Once again, this is subject to opinion. It is not hard to imagine a situation where both sides could be reasonably argued. Again, it seems a difficult issue and there is not a concrete way, which I guess isn't much different from many of our laws, of viewing it.

According to the video 'Remix Culture: Fair Use is your Friend,' Fair Use brings balance between the original creator and the borrower, and I am sure it does. I am just not sure where the fulcrum point is or how the weight is stacked exactly. I guess as long as I am using the material for education, keeping the ratio of content reasonable, giving credit, not hindering the creator's chance for profit, and following the code of best practices I should be covered. I hope.

I do apologize for the lame Errol Morris allusion in my title. It's all I had.