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

Fri May 6 09:08:22 PDT 2016

Thanks so much for this, Dan!

On Fri, May 6, 2016 at 11:41 AM, Dan L. Burk <dburk at uci.edu> wrote:

> Dear Patricia --
>
> Thanks, but these aren't nuances.  The first step in giving a proper
> answer is to correctly identify the issue.  So this is really fundamental.
> DLB
>
>
>
> On 2016-05-06 06:14, Patricia Aufderheide wrote:
>
> Well, said, Dan, thank you for the nuances and the help to Ben! And I do
> hope that US researchers can gain greater awareness of their resources
> through this exchange, and that Ben gets to do his research with the hope
> that Dan holds out!
>
> On Thu, May 5, 2016 at 10:10 PM, Dan L. Burk <dburk at uci.edu> wrote:
>
>> Benjamin's question is rather more complicated than that.
>>
>> I was on a panel in London a few weeks ago, and was surprised to learn
>> that UK courts do not treat video games as audiovisual works, as they would
>> be in the U.S.  The concept is not available to them, which has produced
>> some fairly "dodgy" (as my UK colleagues would say) jurisprudence regarding
>> computer games.
>>
>> My instinct is that what Benjamin wants to do, display and/or performance
>> of a lawfully owned copy of a game, is probably outside the exclusive
>> rights of the copyright holder, and you would never need to reach the fair
>> dealing issue.  But I am poignantly aware of my own limitations on the
>> subject, which is why I recommended talking to some actual experts.
>>
>> One of the benefits of an international organization (and an
>> international listserv) is that one learns to become somewhat more modest
>> about the reach of one's localized knowledge.  Which is a valuable thing.
>>
>> DLB
>>
>>
>>
>> On 2016-05-05 15:50, Patricia Aufderheide wrote:
>>
>> 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
>>> _______________________________________________ The
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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
>>> McKinley Hall 323
>>> @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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>>>
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>>>
>>>
>>
>> --
>> 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
>
>