Comments on: Fair use and transformativeness: It may shake your world http://blogs.slj.com/neverendingsearch/2008/04/01/fair-use-and-transformativeness-it-may-shake-your-world-2/ by Joyce Valenza Wed, 22 May 2013 19:32:26 +0000 hourly 1 http://wordpress.org/?v=3.4.1 By: SimeonBeresford http://blogs.slj.com/neverendingsearch/2008/04/01/fair-use-and-transformativeness-it-may-shake-your-world-2/#comment-2870 SimeonBeresford Sun, 20 Dec 2009 16:39:26 +0000 http://blogs.slj.com/neverendingsearch/2008/04/01/fair-use-and-transformativeness-it-may-shake-your-world-2/#comment-2870 Until we can afford Dorling Kingsley's lawyers or a lot more case law has been established. Im going to stay clear of transformative use i think. Until we can afford Dorling Kingsley’s lawyers or a lot more case law has been established. Im going to stay clear of transformative use i think.

]]> By: Courtney Lewis http://blogs.slj.com/neverendingsearch/2008/04/01/fair-use-and-transformativeness-it-may-shake-your-world-2/#comment-2871 Courtney Lewis Mon, 05 Jan 2009 09:26:41 +0000 http://blogs.slj.com/neverendingsearch/2008/04/01/fair-use-and-transformativeness-it-may-shake-your-world-2/#comment-2871 The idea of transformative use is exciting to contemplate, but how many school librarians are really going to push this new view of copyright? While I look forward to a day and age in which this view of intellectual property - educationally enriching and respectful - is a fact and not an exception, the fact remains that we need to worry about lawsuits and modeling super clear behavior to students and teachers. This is a great way to start the discussion, Joyce! The idea of transformative use is exciting to contemplate, but how many school librarians are really going to push this new view of copyright? While I look forward to a day and age in which this view of intellectual property – educationally enriching and respectful – is a fact and not an exception, the fact remains that we need to worry about lawsuits and modeling super clear behavior to students and teachers. This is a great way to start the discussion, Joyce!

]]> By: Jill C http://blogs.slj.com/neverendingsearch/2008/04/01/fair-use-and-transformativeness-it-may-shake-your-world-2/#comment-2872 Jill C Sat, 03 Jan 2009 17:24:22 +0000 http://blogs.slj.com/neverendingsearch/2008/04/01/fair-use-and-transformativeness-it-may-shake-your-world-2/#comment-2872 Thank you, Joyce, for providing such a detailed summary. I have admired your leadership in this area for years. This is helping to begin to guide me in Web 2.0 and k-12 use. The above comments were helpful as well-thank you all. I would like to separate plagiarism from copyright issues, however, as I do for my computer literacy students. The former is giving credit to the creator, whereas copyright is related to fair use and getting permission. I agree with Michael and encourage my students to always cite the source, whereas I like the way this article describes where fair use is going in our new creative age and hope that it is more freeing that limiting. Does that balance make sense? Thank you, Joyce, for providing such a detailed summary. I have admired your leadership in this area for years. This is helping to begin to guide me in Web 2.0 and k-12 use. The above comments were helpful as well-thank you all. I would like to separate plagiarism from copyright issues, however, as I do for my computer literacy students. The former is giving credit to the creator, whereas copyright is related to fair use and getting permission. I agree with Michael and encourage my students to always cite the source, whereas I like the way this article describes where fair use is going in our new creative age and hope that it is more freeing that limiting. Does that balance make sense?

]]> By: Wesley Fryer http://blogs.slj.com/neverendingsearch/2008/04/01/fair-use-and-transformativeness-it-may-shake-your-world-2/#comment-2873 Wesley Fryer Tue, 02 Sep 2008 08:25:58 +0000 http://blogs.slj.com/neverendingsearch/2008/04/01/fair-use-and-transformativeness-it-may-shake-your-world-2/#comment-2873 I am late catching up with this conversation Joyce, but I want to thank you for sharing this as well as Michael and Carol's additions. I agree the distinction between "derivative" and "transformative" works is really important to understand. I'd like to learn more about that and see examples of both to clarify the differences in my own mind. I also appreciate your encouragement to look at all four factors, Carol. I am late catching up with this conversation Joyce, but I want to thank you for sharing this as well as Michael and Carol’s additions. I agree the distinction between “derivative” and “transformative” works is really important to understand. I’d like to learn more about that and see examples of both to clarify the differences in my own mind.

I also appreciate your encouragement to look at all four factors, Carol.

]]> By: Carol Simpson http://blogs.slj.com/neverendingsearch/2008/04/01/fair-use-and-transformativeness-it-may-shake-your-world-2/#comment-2874 Carol Simpson Thu, 24 Apr 2008 14:07:40 +0000 http://blogs.slj.com/neverendingsearch/2008/04/01/fair-use-and-transformativeness-it-may-shake-your-world-2/#comment-2874 Remember that transformation only applies to ONE of the four fair use factors. Just because a use may be transformative does not mean it gets a free ride. The other three factors still come into play, and factor four still is the "eggplant that ate Chicago" among factors. In earlier times, factor one was simply, "Are you non-profit educational or are you doing criticism or commentary?" But we have never stopped there in the analysis. You must go on to the other three factors. Now (and for the last ten years or so) courts have tossed in this "transformation analysis" to help assess factor one. But don't be fooled into stopping there. Remember that transformation only applies to ONE of the four fair use factors. Just because a use may be transformative does not mean it gets a free ride. The other three factors still come into play, and factor four still is the “eggplant that ate Chicago” among factors. In earlier times, factor one was simply, “Are you non-profit educational or are you doing criticism or commentary?” But we have never stopped there in the analysis. You must go on to the other three factors.

Now (and for the last ten years or so) courts have tossed in this “transformation analysis” to help assess factor one. But don’t be fooled into stopping there.

]]> By: Michael http://blogs.slj.com/neverendingsearch/2008/04/01/fair-use-and-transformativeness-it-may-shake-your-world-2/#comment-2875 Michael Thu, 03 Apr 2008 18:07:18 +0000 http://blogs.slj.com/neverendingsearch/2008/04/01/fair-use-and-transformativeness-it-may-shake-your-world-2/#comment-2875 Disclaimer: I am not a lawyer, do not have precedents to base this on, and is based mainly on an academic interpretation of Fair Use. My feeling on attribution is: It's free to give attribution, it doesn't hurt, and it's the proper thing to do to acknowledge someone else's work (unless it truly doesn't have to do with yours). <br> <br> <br/> As for transformative use vs. Derivative use, I think the difference between the 2 lies in how the borrowed material is being used. If it is part of your own work but unchanged, that is derivative. If it influences the work you create, but that work is intended to comment upon the used work, or otherwise significantly changes the intended meaning of the original work, then it becomes your own. <br> <br> <br/> Parody would be the best example of this probably. A parody of a copyrighted work is allowed under fair use. With music, it might be similar in melody, but the actual meaning intended to be conveyed is different than the original, and does so in a different way even though it may be using similar/same musical notes. With video, how many comedy shows utilize copyrighted media as the basis for skits? In all cases, the meaning of the original work has been changed. In a parody of a news show, the goal has moved from using the copyrighted work to inform others and sell advertisements to mocking current events and media. What degree of transformation is needed to go from plagiarism to transformative in so many mediums is something with no clear defined boundary or system of measurement I could come up with. <br> <br> <br/> Of course that's speculation on my part and it is how I interpret it. There really aren't that many legal precedents that clearly define for so many different mediums what is considered derivative and what is transformative. It's a fascinating question to think about though. Disclaimer: I am not a lawyer, do not have precedents to base this on, and is based mainly on an academic interpretation of Fair Use. My feeling on attribution is: It’s free to give attribution, it doesn’t hurt, and it’s the proper thing to do to acknowledge someone else’s work (unless it truly doesn’t have to do with yours).

As for transformative use vs. Derivative use, I think the difference between the 2 lies in how the borrowed material is being used. If it is part of your own work but unchanged, that is derivative. If it influences the work you create, but that work is intended to comment upon the used work, or otherwise significantly changes the intended meaning of the original work, then it becomes your own.

Parody would be the best example of this probably. A parody of a copyrighted work is allowed under fair use. With music, it might be similar in melody, but the actual meaning intended to be conveyed is different than the original, and does so in a different way even though it may be using similar/same musical notes. With video, how many comedy shows utilize copyrighted media as the basis for skits? In all cases, the meaning of the original work has been changed. In a parody of a news show, the goal has moved from using the copyrighted work to inform others and sell advertisements to mocking current events and media. What degree of transformation is needed to go from plagiarism to transformative in so many mediums is something with no clear defined boundary or system of measurement I could come up with.

Of course that’s speculation on my part and it is how I interpret it. There really aren’t that many legal precedents that clearly define for so many different mediums what is considered derivative and what is transformative. It’s a fascinating question to think about though.

]]> By: Esther Hoorn http://blogs.slj.com/neverendingsearch/2008/04/01/fair-use-and-transformativeness-it-may-shake-your-world-2/#comment-2876 Esther Hoorn Wed, 02 Apr 2008 04:18:50 +0000 http://blogs.slj.com/neverendingsearch/2008/04/01/fair-use-and-transformativeness-it-may-shake-your-world-2/#comment-2876 In the light of the quote by Jaszi "People can't exercise it in a climate of fear and uncertainty." it would be a good strategy to set up a blog like Groklaw with a clear anti-FUD (fear, uncertainty and doubt) goal. Or does anyone know of similar initiatives? In the light of the quote by Jaszi
“People can’t exercise it in a climate of fear and uncertainty.” it would be a good strategy to set up a blog like Groklaw with a clear anti-FUD (fear, uncertainty and doubt) goal.

Or does anyone know of similar initiatives?

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