![]() Finally, although a code cannot control the judicial interpretation of fair use, it helps courts to become familiar with best practices in a professional community when called upon to rule on fair use. Further, a code provides guidance to rights holders as to when it may not make sense for them to claim infringement in light of an appropriate invocation of fair use. In addition to serving as a useful tool for individuals, a code can assist institutions and their counsel in applying the doctrine and developing policies that reflect their particular concerns. Having a code of best practices allows them to share their common understandings with others-including publishing entities, distributors, insurers, and lawyers-who may make decisions on which they depend. ![]() Invoking professional practices provides members of a community with a clear framework in which to apply fair use with confidence, knowing the shared norms of their field. ( Appendix A is an essay by Peter Jaszi presenting a perspective on fair use.) The Code describes common situations in which there is a consensus within the visual arts community about practices to which this copyright doctrine should apply and provides a practical and reliable way of applying it.Īssessing fair use in light of shared professional understandings is a respected practice. Of these, fair use is the most important and the most flexible. Copyright protects artworks of all kinds, audiovisual materials, photographs, and texts (among other things) against unauthorized use by others, but it is subject to a number of exceptions designed to assure space for future creativity. The Code of Best Practices in Fair Use was created with and for the visual arts community. Kress Foundation, without which this project would not have been possible.ĭeWitt Godfrey, President, CAA, and Professor, Art and Art History Department, Colgate University A full list of participants is set out in the credits that follow the Code.įinally, CAA acknowledges the generous support of the Andrew W. ![]() CAA also thanks the project advisors, the Legal Advisory Committee, the Task Force on Fair Use, its Committee on Intellectual Property, and its Professional Practices Committee for expert assistance, and Janet Landay, project manager, for orchestrating all logistics. Special thanks are due to the other principal investigators-Linda Downs, Anne Collins Goodyear, under whose CAA presidency the project began, and Jeffrey Cunard-as well as to Gretchen Wagner, who, with Jeffrey, cochaired CAA's Task Force on Fair Use. They included art and architectural historians, artists, designers, curators, museum directors, educators, rights and reproduction officers, and editors at scholarly publishers and journals.ĬAA is grateful to Lead Principal Investigators Patricia Aufderheide and Peter Jaszi of American University for their oversight and execution of this project, including their surveying nearly 12,000 CAA members on their use of copyrighted materials, conducting 100 interviews to identify key issues, facilitating discussions with another 120 visual arts professionals to understand and identify points of consensus concerning best practices in use of such materials and, finally, articulating that consensus in the Code of Best Practices.ĬAA expresses its deep appreciation to the many visual arts professionals who gave their time and expertise to this project. The Code of Best Practices in Fair Use for the Visual Arts is based on a consensus of professionals in the visual arts who use copyrighted images, texts, and other materials in their creative and scholarly work and who, through discussion groups, identified best practices for using such materials. CAA contributes to the visual arts profession as a whole through scholarly publications, advocacy, exchange of research and new work, and the development of standards and guidelines that reflect the best practices of the field. ![]() The mission of the College Art Association (CAA) is to promote the visual arts and their understanding through advocacy, intellectual engagement, and a commitment to the diversity of practices and practitioners. The Code of Best Practices in Fair Use in the Visual Arts (Frenchįive: Online Access to Archival and Special Collections You can also download the PDF version of this code. Programs » Fair Use Code of Best Practices in Fair Use in the Visual Arts Wyeth Foundation for American Art Publication Grant.Terra Foundation for American Art International Publication Grant.Code of Best Practices in Fair Use In the Visual Arts.
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