Leah Markowitz
A Fair(y) Use Tale
A Fair(y) Use Tale cleverly represents the harsh reality of copyright laws while
serving as a springboard for discussion on how we can loosen the restrictions and
better use this form of art. The video consists of countless snapshot Disney clips strung
together to allow our fan-favorite animated characters to describe the concept of
copyright. Ironically, the video uses many clips from an outside source to explain that it
is extremely difficult and often discouraged to take material from another owner.
This point is made loud and clear within the first few seconds of starting the
video. It opens with a picture of the Disney logo branded across the screen and text
inserted on top that reads, “The following film is not associated with, authorized by, or
should be confused with any product produced by: [Walt Disney Pictures].” Eric Faden
describes this creative route of production saying, “As a general rubric, I make films that
are about something while simultaneously demonstrating the thing itself.” What better
way to demonstrate a problem than by utilizing the problem itself to get a point across?
According to the law, if a person wishes to copy something published in a book,
movie, song, dance, or other public realm, they must receive direct consent from the
owner of that work or, in some cases, pay a large sum. The law used to state that it is
forbidden to copyright a material until 14 years have passed since its publication,
however the amount of years it takes to enter the public domain keeps getting
extended. As a result, people do not have access to use the material for many years,
which A Fair(y) Use Tale indicates is quite absurd and ridiculous.
In the fourth chapter of the video, the concept called “Fair Use” is introduced. It
states that under specific guidelines, copyright may be broken in order to “borrow” a
small amount of published material. This may appear as a practical solution on the
surface, however it is extremely tricky to discern what exactly is considered fair use of
the material.
Laurence Lessig brilliantly articulates his perspective on copyright laws in his
article How Creativity is Being Strangled by the Law. He argues that copyright is “an
essential solution to a particular unavoidable economic problem.” Instead of viewing
copyright as unacceptable and detrimental, Lessig believes it to be a tool for positive
growth and development in our modern day of age. He notes, “We need to distinguish
between taking someone’s work and just duplicating it versus doing something with the
work that creates something new.” Loosening restrictions on copyright laws would allow
professionals and amateurs alike to learn from and produce meaningful content in a
profound and revolutionary way.
Lessig’s point of view seems to align directly with the message presented in A
Fair(y) Use Tale. At the time A Fair(y) Use Tale was made, scholarly journals and
publishers were all reluctant to publish any video that used another owner’s work
because they were afraid of being sued by content owners. Frustrated by this approach,
Eric Faden and his small group of Bucknell students created a short production in order
to positively shift the copyright conversation. They faced many technical challenges and
spent an incredible amount of time, care, and energy putting together a short film that
would illustrate the idea of copyright without actually copywriting the material.
The use of “consistent visual quality”, iconic and familiar footage, and clear
wording each contributed to the success of this animated video. For instance, by
splicing the clips up, it showed the audience how unpleasant it is to watch things this
way, as it removes all the familiarity and enjoyment that one typically experiences while
watching a Disney production. It was especially appropriate to demonstrate this point
through the use of Disney clips because Disney was infamous for defending their
intellectual property over any other media company at the time. According to Faden, the
goal in creating this film was to “dissuade content owners from censoring critical
commentary while also showing emerging filmmakers, artists and scholars how to
properly and creatively appropriate material for critical and artistic purposes.” I believe
Faden and his crew of college students were extremely successful in opening the
public’s eyes up to the importance of copyright and the need for major improvement
regarding the current laws.