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Project Part 4 Script

Laws on Copyright and Fair Use: A Defense for Owners and Users
Uploaded to http://censorshipandfaireuse.weebly.com/ via Soundcloud embed
(Intro music plays)
Welcome to the podcast, where we discuss the social issues troubling people all over the
world, far and wide. Today, I would like to focus on a prevalent issue thats been rearing its head
for quite some time now. Im going to need your participation for this, so if you could turn on
your imagination for one moment, that would be fantastic. First, picture in your head that big
blockbuster movie out in theaters that youve been wanting to see for some time, but you cant
make the trip or dont have the desire to pay all those prices just for a seat and some fairly ok
food. What do you do? You go online to some website and download it. Next thing you know,
youre in trouble and have to pay some huge prices after a messy trial in court! Ok, now think of
some luxurious thing you saw at some clothing or department store you saw. But look at that
price tag! You say no, and walk away. Later that day, you see a stranger with a stand selling that
very same product, and to your surprise, the price of it is tiny compared to how it was at the
store! You pay the vendor, and then when you look at it closer, you see something odd.
Something about what you bought seems different. Finally, imagine that you are a well-known
critic or journalist, and you want to discuss the latest television series that everyone is talking
about. You cant just talk about it and expect people to be drawn immediately. You need to show
them some content from the program! When you publish your review, the company that
produced the show sends you a cease and desist letter. What do you do? Okay, imaginations off.

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Why did I have you do that? Well the thing is, these stories have a central theme, because theyre
all built around two special things: Copyright, and Fair Use.
With more platforms and mediums being available to content producers, a larger crowd
of individuals have been able to step forth as new developers, with goals of reaching a level of
success that is arguably equal or greater than the innovators that inspired them. Access to things
like the media, crowd funding, and social networking services gives content creators a chance to
bring their ideas to proper fruition, so that it can be sold to the purchasing market. Some other
industries like entertainment and the arts are also built on the fair use of content produced by
different industries. But the market is not entirely built on honesty. There are those who attempt
to obtain their own crowd through the exploitation of the success other have obtained. At times,
some give the thief business because they lack the knowledge of the differentiation of the
original product. Others however, see the alternative as a more financially savvy choice.
Because of all these incidents and cases, laws and expectations have had to been established to
protect the creators from the theft of their material. But the level of protection has become blurry
with different interpretations of copyright. There are those who get away with all types of
infringement and are deemed innocent or exempt from any judgment, and there are those who
are punished for a misinterpreted fair use. Copyright and Fair Use as a concept heavily require a
restructure of definition so that all are able to understand the boundaries of intellectual property,
as well as a restructure of the justifications that allow producers who need to make use of the
content of others, within set limits.
According to the Ohio State University (OSU), copyright is best interpreted as the legal
protection of all forms creative expression on any form of media. It stands without reason that a
person would want to secure their rights, as copyright infringement and piracy stands as some of

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the most hazardous threats to content creators all over. With the introduction of peer-to-peer file
sharing services, sales and profits in the music industry over the years have experienced a fifty
percent drop, resulting in the loss of a large number of jobs. Video and film industries suffer
an approximate 3 billion USD in loss annually, due to piracy (OSU). Copyright is intended to
allow owners to recoverdamages (Hrobak) Within the boundaries inside of a nation like
the United States, copyright manages to punish violations. When it comes to dealing with the
copyrights and infringement of different systems and nations, varying legalities can create a
standstill that one party profits while the other suffers at the success of the other. One of the most,
infamously known countries for violating international copyrights is China, which has had some
of the highest numbers of piracy and illegal distribution. Their government has a strict system of
censorship and product quality control. Any information or product produced within the nation
undergoes harsh regulation, and it makes it difficult for copyrighted material to go in and out of
the nation. But due to their penalties for copyright infringement resulting mostly in low
deterrencedamages it does not discourage piracy and violation of intellectual property
entirely. However, some scholars disregard their poor economic condition, as what can lead to
such high numbers of piracy. They would even go as far as to say as every member of the social
classes legally purchase and interact with products proportionally to one another. (Priest) What
makes enforcing copyright so challenging to enforce and enact is the varying interpretations of
varying boundaries like those seeking to protect their interests desire a type of copyright
which weakens the protection of creative consumers making their own user generated
content. Thus, such an interpretation of the law would be allowing them to call for infringement
at their leisure (Bartow). Making sure content producers hold their proper credits and authority is

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important, but the consumer must be allowed the chance to make fair use of copyrighted material
within limits.
The purchase of a copyrighted product does not give a person absolute ownership of the
intellectual property. Owning the product acts as a license to the owned item. The direct use of
a copyrighted work, unchanged in any manner, can only occur with the producers given consent,
or if the item used is public domain.(OSU) Fair use is regarded as one of the exceptions in
copyright which allows use of copyrighted materials without obtaining permission as long as the
use can be considered fair. (Purdue) To determine what falls under fair use, some weigh the
factors involved in the work, and if those factors are favoring fair use.(Crews) It acts as
something meant to be flexible so any form of expression can be protected. Fair use does
take into account the different characteristics that define a work using copyright material (Snow),
but the usage of material in the parody context falls under the blurry line of fair use (Harvard).
Many involved with other media rely on fair use, with the intentions of producing their own type
of content intended for purposes such as criticismteachingor research. Furthermore,
copyrighted material cannot be used in its entirety. It must only be used in a fair portionused
in relation to the copyrighted work. One cannot claim the material they use as their own, and
even then, all rights and respects have to be given out at some point during the work. (Austin)
Some companies understand that their audience demands fair use, and can even provide an open
source platform with base samples of their previous content, so that people may alter it in any
way they see fit to bring a vision to life. However, certain obstacles can inhibit the consumerproducer relationships, such as enforcements of protection for intellectual properties. Some
partner companies can hold a high level of influence over others, and the fair use is cut off. Then
the audience is punished in the same vain as individuals who purposely violate copyright.

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Customers expect a mutual level of respect, and any violation of that alienates that trust. Fair use
has to be solidified that everyone has equality. A vague, open-ended interpretation cannot exist,
because it can be viciously unfair to some, and unfairly advantageous to others.
While changes cannot be made immediately, people can take advantage of the
information available on the internet. By the use of search engines, people can narrow and
identify if any data they are searching for has the given consent of public use, and if so, to what
the extent does the fair use reach. There exists an organization known as Creative Commons,
who have a platform that allows for content creators to make their products available, and
personally define what changes can be made. The aspects indicate if a work can be reproduced,
altered, or remade in anyway, if it can be used with the intent of commercial production, and
what credits need to be given (Creative Commons). There are people who go about and attempt
to make copyright material their own with the desire for the profit they crave. But labeling an
entire audience as thieves, pirates, and criminals, is dangerous. It risks casting a shadow of
suspicion on the innocent, and when all doubts are cleared, turns them away from wanting to
support a project any further.
To get involved, a person needs to make their voice loud and clear. The first step is the
common one, writing a representative. After locating them, contact and write them in any way
possible, asking for them to address copyright and fair use laws. If youre trying to make use of
copyrighted material, contact a legal office or the offices of the copyrighted source. Discuss the
context of your work and obtain any permission while respecting set restrictions. When browsing
content that is made available for public domain, make sure that you do not violate the
permissions set by the license, and do not alter or change for commercial use unless there is
expressed or given consent. If you see copyright violation or the illegal use of intellectual

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property, be sure that you try to contact any administrators and copyright owners. And if people
are taking advantage of flawed interpretation of these laws, voice your concerns so that the law is
not twisted to punish you, when you are within your rights as a citizen of the government.
Problems such as these cannot be solved through pointing fingers. By talking over one
another, the message becomes distorted, and a rift grows between the parties. When the voices
that have the most influence are heard the most, it ruins all opportunities for the quieter voices
that need to be heard. Laws are meant to be protective of all people who pledge to its rules, and
governments say they have the best interests of their citizens in mind. Yet by letting the sway
and power of money prioritize the needs of the people, it detracts from fair judgment, and goes
against the very meaning and purpose of law itself. In the end, people have the right to revoke
any power that they bestow. Ideas and creations should be protected by clauses and laws, but
people cannot be punished for their own perceptions.
Well, thats about all the time I have for today. Thank you so much for tuning in and I
hope you can join me next time to discuss all kinds of different topics on this podcast. Have
yourselves a good day, and make sure to do your part.
(Outro plays)

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Works Cited
"About The Licenses." Creative Commons. Creative Commons, n.d. Web. 28 Nov. 2014.
Austin, Graeme W. "The Two Faces Of Fair Use." New Zealand Universities
Law Review 25.2 (2012): 286-317. Academic Search Complete. Web. 28 Nov. 2014.
Bartow, Ann. "A Restatement Of Copyright Law As More Independent And
Stable Treatise." Brooklyn Law Review 79.2 (2014): 457-503.
Academic Search Complete. Web. 28 Nov. 2014.
"Copyright Law -- Fair Use -- Second Circuit Holds That Appropriation Artwork Need Not
Comment On The Original To Be Transformative." 'Harvard Law Review 127.4 (2014):
1228-1235. Academic Search Complete. Web. 28 Nov. 2014.
"Copyright and Piracy." The Ohio State University. Office of the Chief Information Officer, n.d.
Web. 28 Nov. 2014.
Crews, Kenneth D. "Fair Use Checklist." Copyright Advisory Office. Columbia University
Libraries, 22 Mar. 2013. Web. 28 Nov. 2014.
"Fair Use." University Copyright Office. Purdue University, 2009. Web. 28 Nov. 2014.
Hrobak, Ryan M. "Is Your Itunes Playlist Worth Six Figures? Due Process, Statutory Damages,
And Peer-To-Peer Copyright Infringement." Washington & Lee Law Review 70.3 (2013):
1941-1980. Academic Search Complete. Web. 28 Nov. 2014.
Priest, Eric. "Copyright Extremophiles: Do Creative Industries Thrive Or Just Survive In China's
High-Piracy Environment?." Harvard Journal Of Law & Technology 27.2 (2014): 467541. Academic Search Complete. Web. 28 Nov. 2014.
Snow, Ned. "Fair Use As A Matter Of Law." Denver University Law Review 89.1 (2012): 146. Academic Search Complete. Web. 28 Nov. 2014.