1. Or: how I learned to stop controlling and share alike. By Noel Laviolette

2. What is intellectual property?  The state-enforced monopoly of certain intangible assets.  Examples include but are not limited to; Music, Literature, Art, Discoveries, Inventions, Words, Phrases, Symbols, and Designs.  Motivation for Creativity  Creates artificial scarcity  Rewards innovation

3. What is Fair Use?  An instance in which use of protected intellectual property by another requires no consent on behalf of the copyright holder.  Evaluated by consideration of four questions:  1: What is the purpose and character of the use?  2: What is the nature of the copyrighted work?  3: What is the amount and substantiality of the portion used?  4: What is the effect of the use upon the value of the copyrighted work?

4. Purpose and Character of the Use  Purpose: Commercial vs. Educational  Character: Transformational vs. Derivative

5. Nature of the Copyrighted Work  Not in terms of success (profitable or unprofitable, good or bad)  Published or Unpublished?  Fiction or Nonfiction?

6. Amount and Substantiality of Use  Most clear-cut of the four  The amount of the copy in proportion to the whole of the copyrighted work  The importance of the copied segment to the original work

7. The effect upon the original value  Most ill-defined of the four  Nearly no way to measure definitively  Burden of proof Shifts between Commercial and noncommercial use  Represents the heart of fair use

8. Digital Millennium Copyright Act  The Laws Concerning Digital Media  Many take-down notices target instances of fair use  Disproportionately affects small, independent producers

9. Best Practices  http://www.centerforsocialmedia.org/resources/fair _use http://www.centerforsocialmedia.org/resources/fair _use  Covering Documentary Film, Education, and Online Video

10. Considerations: Youtube  Content ID Tool  Uses ‘fingerprints’ to match audio to copyrighted material  Advertisement Revenue  Privately Owned Website  Recent Conflict with Music Labels  Now Similar to Radio

11. Deeplinking  Linking to a Specific Page  Bypasses Homepage/Advertising  Arguably Usurps Original Content  All links are functionally equivalent  HTTP Makes No Distinction  Fundamental to Internet Architecture  URL Legally Equal to Street Adress

12. Excerpting  Usually accompanies Deeplinking  Taking a piece of the linked page, and displaying it as advertisement of content on linked page  Much more problematic then Deeplinking, crux of fair use defense

13. Google News  Popular News Indexing Service  Uses crawling technology similar to its search engine, Storyrank news aggregator  Come under fire from news sites it links  Sued by Agence France Presse Mar 2005 17.5mil  Opt out function  Selectively paying organizations  Associated Press leaves Dec 2009

14. In Conclusion  The Internet is the New Frontier  Intellectual Property Law Murky at Best  Fair Use Follows Trends  Knowledge as Always is Best Defense

15. References  "Copyright’s fair use doctrine and digital data" Pamela Samuelson, 1995 Publishing Research Quarterly 11 (1): 27–39.  Fair use and free inquiry : copyright law and the new media, ed. John Shelton Lawrence and Bernard Timberg, 1989 Norwood, N.J.  Copyright in the age of new technology, Hope Roland Botterbusch,1996 Bloomington, Ind  http://en.wikipedia.org/wiki/Fair_use http://en.wikipedia.org/wiki/Fair_use  http://www.copyright.gov/fls/fl102.html http://www.copyright.gov/fls/fl102.html  http://fairuse.stanford.edu/blog/ http://fairuse.stanford.edu/blog/  http://www.eff.org/deeplinks/2009/01/youtubes-january-fair-use-massacre http://www.eff.org/deeplinks/2009/01/youtubes-january-fair-use-massacre  http://www.videomaker.com/article/14680/ http://www.videomaker.com/article/14680/  http://www.centerforsocialmedia.org/resources/publications/fair_use_in_online_video/