16 Nov 2010

IDFA 2010 FAIR USE seminar

Together with European Documentary Network (EDN) we invite you to join us for a mini-seminar on Sunday November 21, 13.00 – 15.00 at Eden Rembrandt Square Hotel, Amstelstraat 17. Free entry. Open to all.

As early as the beginning of the 19th century, authors recognized that it was important for the creative process to be able to build on existing works and borrow from authors before them (Jules Renouard in Traité des droits d’auteurs 1838).

The right to quote is the only mandatory limitation to copyright under the Berne Convention. Article 10 (1) of the Convention provides that: ‘It shall be permissible to make quotations from a work which has already been lawfully made available to the public, provided that their making is compatible with fair practice, and their extent does not exceed that justified by the purpose, including quotations from newspaper articles and periodicals in the form of press summaries’.

But in today’s “culture of clearance” some copyright owners exercise their copyright in a way that is not conductive to creativity, and this practice leads some to even question copyright itself. Filmmakers find themselves caught in the middle as they are often both authors and users. And filmmakers want both fair remuneration and respect for moral rights for their own work, and of course, wish the same for the works of others. But they also want creative freedom. How then should these interests be balanced?

This mini-seminar intends to review and compare the current legal framework in the United States and Europe and debate what steps should be taken to improve creators’ access to existing works so they can make fair and reasonable use of them.

Download the seminar programme and panelists’ biographies here FAIR USE seminar IDFA 2010