[Air-L] Video Game Research - Fair Use?

Thu May 5 15:59:32 PDT 2016

Sorry, I just realized that this message did not go to the list: 

Dear Benjamin: 

Your .sig indicates that you are at Essex. I assume you are planning to
do the research there. Consequently, "fair use" is not relevant to you.
That is an American legal concept, which has been adopted a few other
places. 

For the UK, you will need to look at the "fair dealing" provisions of
the copyright act, which is an entirely different approach. I would
guess that what you are doing, if it within the exclusive rights of the
copyright holder at all, would fit into one or more of the fair dealing
provisions, but you should check with a local expert (I would suggest
Graeme Dinwoodie at Oxford, or Lionel Bentley at Cambridge). 

Best, DLB 

On 2016-05-05 15:46, Dan L. Burk wrote: 

> Please see my previous message regarding fair dealing in the UK. 
> 
> I am a big fan of the fair use best practices project for the U.S., and possibly for jurisdictions like Israel that have emulated the U.S., but the doctrine is not universal. YMMV. 
> 
> Regards, DLB 
> 
> On 2016-05-05 15:05, Patricia Aufderheide wrote: 
> 
> Delighted to share with you clear guidance from communication researchers,
> where you can see the practices that will put you squarely within fair use
> for your research:
> http://archive.cmsimpact.org/fair-use/related-materials/codes/code-best-practices-fair-use-scholarly-research-communication [1]
> (look at the third category)
> Created by ICA scholars and endorsed as well by NCA. On their websites,
> it's only a PDF but if you want to be assured that a national association
> of scholars has vetted this, here are the two websites:
> http://www.icahdq.org/pubs/reports/fairuse.pdf [2]
> https://www.natcom.org/uploadedFiles/More_Scholarly_Resources/Publishing_Primer/PDF-publishingprimer-fair_use.pdf [3]
> 
> On Thu, May 5, 2016 at 6:02 PM, Benjamin Turpin <b.turpin at outlook.com>
> wrote:
> Hello all, I'm in the process of planning a research project that will involve recording how players emotionally and cognitively respond to particular types of video games. I'm hoping to allow participants to play a commercially available game for 60-90 minutes in lab conditions. There will be three different games with ten participants for each game. I had intended to use my personal copies of these games (purchased on Steam) for the experiment, but am unsure if this would make me legally vulnerable without seeking permission of the developers. Does anyone have any knowledge of whether this type of distribution would be considered 'fair use' of copyrighted materials? Any advice much appreciated! Ben Turpin PhD Student, Sociology University of Essex _______________________________________________ The Air-L at listserv.aoir.org mailing list is provided by the Association of Internet Researchers http://aoir.org [8] Subscribe, change options or unsubscribe at:
http://listserv.aoir.org/listinfo.cgi/air-l-aoir.org [9] Join the Association of Internet Researchers: http://www.aoir.org/ [10] 
> 
> -- 
> Patricia Aufderheide, University Professor and Founder
> Center for Media & Social Impact, School of Communication
> American University
> 4400 Massachusetts Av., NW
> American University, Washington, DC 20016-8017
> McKinley Hall 323
> @paufder @cmsimpact
> www.cmsimpact.org [4] <http://www.centerforsocialmedia.org/ [5]>
> paufder at american.edu
> 202-643-5356
> 
> Sample *Reclaiming Fair Use! * <http://cmsimpact.org/reclaiming [6]>
> 
> Order Reclaiming Fair Use: How to Put Balance Back in Copyright, University
> of Chicago Press, 2011.
> <http://www.amazon.com/Reclaiming-Fair-Use-Balance-Copyright/dp/0226032280/ref=sr_1_2?ie=UTF8&qid=1321544105&sr=8-2 [7]>
> _______________________________________________
> The Air-L at listserv.aoir.org mailing list
> is provided by the Association of Internet Researchers http://aoir.org [8]
> Subscribe, change options or unsubscribe at: http://listserv.aoir.org/listinfo.cgi/air-l-aoir.org [9]
> 
> Join the Association of Internet Researchers:
> http://www.aoir.org/ [10]

-- 
School of Law
University of California, Irvine
4500 Berkeley Place
Irvine, CA 92697-8000
Voice: (949) 824-9325
Fax: (949)824-7336 
bits: dburk at uci.edu

-- 
School of Law
University of California, Irvine
4500 Berkeley Place
Irvine, CA 92697-8000
Voice: (949) 824-9325
Fax: (949)824-7336 
bits: dburk at uci.edu

Links:
------
[1]
http://archive.cmsimpact.org/fair-use/related-materials/codes/code-best-practices-fair-use-scholarly-research-communication
[2] http://www.icahdq.org/pubs/reports/fairuse.pdf
[3]
https://www.natcom.org/uploadedFiles/More_Scholarly_Resources/Publishing_Primer/PDF-publishingprimer-fair_use.pdf
[4] http://www.cmsimpact.org
[5] http://www.centerforsocialmedia.org/
[6] http://cmsimpact.org/reclaiming
[7]
http://www.amazon.com/Reclaiming-Fair-Use-Balance-Copyright/dp/0226032280/ref=sr_1_2?ie=UTF8&qid=1321544105&sr=8-2
[8] http://aoir.org
[9] http://listserv.aoir.org/listinfo.cgi/air-l-aoir.org
[10] http://www.aoir.org/