Cara Hirsch, ARTstor
Next, Cara Hirsch
discussed how courts have consistently looked to customs and practices within communities when considering applications of Fair Use and the increased awareness of the benefits of establishing formal best practices and establishing codes of use.
described particular challenges within the documentary filmmaker's community of relying on Fair Use and the inability of these content creators to obtain the errors and omissions insurance required for television broadcast when relying on Fair Use.
In response to these challenges, the documentary film community worked with legal scholars to draft the Documentary Filmmakers' Statement of Best Practice in Fair use (http://www.centerforsocialmedia.org/fair-use/best-practices/documentary/documentary-filmmakers-statement-best-practices-fair-use ), a code which has received wide acclaim and addressed the errors and omissions insurance issue.
then described best practice for Fair Use guidelines available through the Center for Social Media website, including: The Code of Best Practice for Fair use of Online Video (http://www.centerforsocialmedia.org/fair-use/related-materials/codes/code-best-practices-fair-use-online-video) and the Fair Use for Scholarly Use for Research in Communication (http://www.centerforsocialmedia.org/fair-use/related-materials/codes/code-best-practices-fair-use-scholarly-research-communication) .