What is an author? What is a text? At a time when the definition of "text" is expanding and the technology whereby texts are produced and disseminated is changing at an explosive rate, the ways "authorship" is defined and rights conferred upon authors must also be reconsidered. This volume argues that contemporary copyright law, rooted as it is in a nineteenth-century Romantic understanding of the author as a solitary creative genius, may be inapposite to the realities of cultural production. Drawing together distinguished scholars from literature, law, and the social sciences, the volume explores the social and cultural construction of authorship as a step toward redefining notions of authorship and copyright for today's world.
These essays, illustrating cultural studies in action, are aggressively interdisciplinary and wide-ranging in topic and approach. Questions of collective and collaborative authorship in both contemporary and early modern contexts are addressed. Other topics include moral theory and authorship; copyright and the balance between competing interests of authors and the public; problems of international copyright; musical sampling and its impact on "fair use" doctrine; cinematic authorship; quotation and libel; alternative views of authorship as exemplified by nineteenth-century women's clubs and by the Renaissance commonplace book; authorship in relation to broadcast media and to the teaching of writing; and the material dimension of authorship as demonstrated by Milton's publishing contract.

Contributors. Rosemary J. Coombe, Margreta de Grazia, Marvin D'Lugo, John Feather, N. N. Feltes, Ann Ruggles Gere, Peter Jaszi, Gerhard Joseph, Peter Lindenbaum, Andrea A. Lunsford and Lisa Ede, Jeffrey A. Masten, Thomas Pfau, Monroe E. Price and Malla Pollack, Mark Rose, Marlon B. Ross, David Sanjek, Thomas Streeter, Jim Swan, Max W. Thomas, Martha Woodmansee, Alfred C. Yen

In the increasingly complex and combative arena of copyright in the digital age, record companies sue college students over peer-to-peer music sharing, YouTube removes home movies because of a song playing in the background, and filmmakers are denied a distribution deal when some permissions “i” proves undottable. Patricia Aufderheide and Peter Jaszi chart a clear path through the confusion by urging a robust embrace of a principle long-embedded in copyright law, but too often poorly understood—fair use. By challenging the widely held notion that current copyright law has become unworkable and obsolete in the era of digital technologies, Reclaiming Fair Use promises to reshape the debate in both scholarly circles and the creative community.

            This indispensable guide distills the authors’ years of experience advising documentary filmmakers, English teachers, performing arts scholars, and other creative professionals into no-nonsense advice and practical examples for content producers. Reclaiming Fair Use begins by surveying the landscape of contemporary copyright law—and the dampening effect it can have on creativity—before laying out how the fair-use principle can be employed to avoid copyright violation. Finally, Aufderheide and Jaszi summarize their work with artists and professional groups to develop best practice documents for fair use and discuss fair use in an international context. Appendixes address common myths about fair use and provide a template for creating the reader’s own best practices. Reclaiming Fair Use will be essential reading for anyone concerned with the law, creativity, and the ever-broadening realm of new media.

In the increasingly complex and combative arena of copyright in the digital age, record companies sue college students over peer-to-peer music sharing, YouTube removes home movies because of a song playing in the background, and filmmakers are denied a distribution deal when a permissions i proves undottable. Analyzing the dampening effect that copyright law can have on scholarship and creativity, Patricia Aufderheide and Peter Jaszi urge us to embrace in response a principle embedded in copyright law itself—fair use.
Originally published in 2011, Reclaiming Fair Use challenged the widely held notion that copyright law is obsolete in an age of digital technologies. Beginning with a survey of the contemporary landscape of copyright law, Aufderheide and Jaszi drew on their years of experience advising documentary filmmakers, English teachers, performing arts scholars, and other creative professionals to lay out in detail how the principles of fair-use can be employed to avoid copyright violation. Taking stock of the vibrant remix culture that has only burgeoned since the book’s original publication, this new edition addresses the expanded reach of fair use—tracking the Twitter hashtag #WTFU (where’s the fair use?), the maturing of the transformativeness measure in legal disputes, the ongoing fight against automatic detection software, and the progress and delays of digitization initiatives around the country.
Full of no-nonsense advice and practical examples, Reclaiming Fair Use remains essential reading for anyone interested in law, creativity, and the ever-broadening realm of new media.