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

Patricia Aufderheide paufder at american.edu
Thu May 5 15:50:20 PDT 2016


So true that copyright law is nationally based! Thank you for that
reminder, Dan! So use the copyright law where you are based. In some
nations, fair dealing can either be ample (Canada's fair dealing in some
cases allows for more amplitude than US fair use!), specifically exempt
research, or have unsuspected crevices. Some nations have a "right of
quotation" clause that can be filled with practice--among them South
Africa, and all the Scandinavian nations. So definitely explore your
options!

On Thu, May 5, 2016 at 6:46 PM, Dan L. Burk <dburk at uci.edu> 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
> (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.pdfhttps://www.natcom.org/uploadedFiles/More_Scholarly_Resources/Publishing_Primer/PDF-publishingprimer-fair_use.pdf
>
>
> 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
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> --
> 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
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> @paufder @cmsimpactwww.cmsimpact.org <http://www.centerforsocialmedia.org/>paufder at american.edu202-643-5356
>
> Sample *Reclaiming Fair Use! * <http://cmsimpact.org/reclaiming>
>
> 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>
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