- The Oxford Handbook of Film and Media Studies
- Digital Media and the Future of Filmic Narrative
- The Latest Laocoön: Medium Specificity and the History of Film Theory
- Visual Media and the Tyranny of the Real
- Radical Aspirations Historicized: The European Commitment to Political Documentary
- Loss of Light: The Long Shadow of Photography in the Digital Age
- Media Celebrity in the Age of the Image
- Film Genre Theory and Contemporary Media: Description, Interpretation, Intermediality
- <i>Gilda</i>: Textual Analysis, Political Economy, and Ethnography
- Television's First Seventy-five Years: The Interpretive Flexibility of a Medium in Transition
- “The End of TV As We Know It”: Convergence Anxiety, Generic Innovation, and the Case of <i>24</i>
- Screen Practice and Conglomeration: How Reflexivity and Conglomeration Fuel Each Other
- The Chinese Action Image and Postmodernity
- When Cute Becomes Scary: The Young Female in Contemporary Japanese Horror Cinema
- Asian Film and Digital Culture
- Popular Cinema and the “New” Media in India
- Dreaming with Open Eyes: Latin American Media in the Digital Age
- The Globalization of Filmmaking in Latin America and the Middle East
- Computers and Cultural Studies
- Film and Media Studies Pedagogy
- Copyright, Fair Use, and Motion Pictures
- Evolution of Modern-Day Independent Filmmaking
- The Digital Revolution
Abstract and Keywords
This article is concerned with the copyright and fair use of motion pictures. It first looks at the copyright discipline in motion pictures, and states that most of the copyright litigation surrounding motion pictures are connected to the debates of the misuse of content or imagery from one motion picture to another. The discussion in this article then focuses on the legal implications of another set of practices that are characteristic of motion picture production, namely the “over-appropriation of the real.” It also tries to show how copyright problems arise, and how the doctrine of fair use can help solve them.
Peter Jaszi teaches at the Washington College of Law of American University in Washington, D.C., where he also directs the Glushko-Samuelson Intellectual Property Law Clinic. He specializes in domestic and international copyright law. In 1994, he was a member of the Library of Congress Advisory Commission on Copyright Registration and Deposit. He is a trustee of the Copyright Society of the U.S.A. and a member of the editorial board of its journal. Since 1995 he has been active in the Digital Future Coalition, which he helped to organize. Alone and with Martha Woodmansee, he has written several articles on copyright history and theory; together they edited The Construction of Authorship (1994).
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