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John Solo
Mr. Matt Moberly
Writing 010 (17)
March 16, 2015
Copyright in Filmmaking: Annotated Bibliography
"About The Licenses." - Creative Commons. N.p., n.d. Web. 14 Mar. 2015.
In his/her website, "About the Licenses, author Creative Commons informs that
artist can acquire creative commons licenses. Creative Commons develops/supports this
information by presenting information about their licenses. Creative Commons
purpose is to present information about their licenses in order to give artist more creative
freedom. Creative Commons uses a professional with his artistic audience.
A CC license allows artist to contribute and build upon the works of another. It
also enlarges the public domain, and it has so many benefits that other businesses may
not know about or should reconsider. Right owners benefit significantly from a CC
license, and this idea works well with the other sources. My other sources talk about
enlarging the public domain and the two ideas cooperate well together. The source is
credible, because this is straight from the site where they educate and administer the
license.
Aufderheide, Patricia, and Peter Jaszi. "Untold Stories: Creative Consequences of the Rights
Clearance Culture for Documentary Filmmakers." Center for Media & Social Impact,
Nov. 2004. Web. 14 Mar. 2015.

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In his/her report, Untold Stories: Creative Consequences of the Rights Clearance

Culture for Documentary Filmmakers, author Patricia Aufderheide and Peter Jaszi
argues that the right clearance process is unfair. Patricia Aufderheide and Peter Jaszi
develops/supports this argument by presenting and analyzing filmmakers and their
experience with copyright. Patricia Aufderheide and Peter Jaszis purpose is to inform his
audience how clearing rights is difficult in order to change the process of clearing
rights. Patricia Aufderheide and Peter Jaszi uses informative tone with his policymakers
and right owners.
This article gives a lot of information that struggled and battled with clearing
rights for their films, and it shows how unfair the whole procedure is operated. Some
filmmakers cant even find the right owners, because the material is outdated. I think
businesses and policymakers need to understand that, so they are more lenient with their
rights. This goes well with my other sources that also discusses filmmakers trying to clear
their rights. My other source talks about non-fiction filmmakers, and this talks about
filmmakers in general. It provides a variety of viewpoint that will strengthen my research.
The source seems credible, because both the authors are professors from a university near
Washington D.C. Although the article was published in 2004, clearing rights is still a
relevant issue, and it addresses a majority of that.
Baird, Douglas G. "Changing Technology and Unchanging Doctrine: Sony Corporation v.
Universal Studios, Inc." Chicago Journals 1984 (1984): 237-53. JSTOR. Web. 14 Mar.
2015.

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The article talks about the dispute between Sony and Universal Studios, and talks
about how fair use can be used to videotape films. Im not sure if I want to use this to
show how fair use may seem unfair to businesses.
Berman, Harriete Estel. Copycat, Copyright, or Coincidence. Metalsmith 30.1 (2010): 22-24.
Academic Search Complete. Web. 14 Mar. 2015
This article is a little off topic, but it does discuss what happens without
copyright. I was planning to use this for an opposing viewpoint, but I dont know how to
incorporate that into my research.
Cox, Bartees, Jr. "Public Knowledge Files Testimony in House Judiciary Copyright Reform
Hearing." Public Knowledge. Public Knowledge, 05 July 2014. Web. 14 Mar. 2015.
The articles talks about copyright termination and how it is essential to allow
artist creative freedoms from the business that distributes their works. It also discusses
how enlarging the public domain can be beneficial. Im hesitant to use it, because it
mainly talks about music labels, and it really doesnt offer a lot of information about it.
Hiavac, George C., and Edward J. Easterly. "Understanding Copyright Laws and The Impact Of
The Digital Age." NACE Journal 73.3 (2013): 8-11. Academic Search Complete. Web. 8
Mar. 2014.
In his/her article, Understanding Copyright Laws and the Impact of the Digital
Age, author George C. Hiavac and Edward J. Easterly informs that there should be
precautionary steps taken before incorporating copyrighted material in a creative work.
George C. Hiavac and Edward J. Easterly develops/supports this information by
presenting consequences and definitions. George C. Hiavac and Edward J. Easterlys
purpose is to inform his audience in order to prevent copyright infringement. George C.
Hiavac and Edward J. Easterly uses a helpful tone with his inexperienced mini-creators.

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The article talks about how much easier it is to distribute a film or an artist work
through the Internet. If business and policymakers understood this concept, then theyd
understand that an indie film can become popular without any promotion. Their only
obstacle is clearing the rights that were used in the film. It has a great synergy with my
other sources, because it talks about the dangers of copyright that my other sources fails
to illustrate to its audience. The sources is fairly credible, because both authors both have
work experience with the law department. The article is also fairly new, so it is up to date
with the laws.
Gompel, Stef van. "Copyright Formalities in the Internet Age: Filters of Protection or Facilitators
of Licensing." Berkeley Technology Law Journal 28.3 (2013): 1425-1458. Academic
Search Complete. Web. 14 Mar. 2015.
In his/her journal article, "Copyright Formalities in the Internet Age: Filters of
Protection or Facilitators of Licensing, author Stef van Gompel investigates that
copyright formalities can help distribute information. Stef van Gompel develops/supports
this investigation by presenting what copyright formalities can do and reviews it. Stef van
Gompels purpose is to present the benefits in order to have copyright formalities. Stef
van Gompel uses a persuasive tone with his scholar audience.
This article could help appeal to the businesses that want to have strict regulations
placed on content on the Internet, while still protecting their rights. This article helps me
anticipate my audiences arguments and a solution to their claims. It compliments my
other articles that discuss how easy it is to distribute information on the web, and it
civilizes the process. The source is credible, because it is from Berkley Law Journal, and
it is recent.
How Youtube Thinks about Copyright. Perf. Margaret Gould Stewart.Margaret Gould Stewart:.
TED, Feb. 2010. Web. 14 Mar. 2015.

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It is fairly credible since Margaret Gould Stewart has managed the User
Experience Team for Youtube. However, it is a little off topic, but she talks about how
Youtube tackles copyright issues by allowing both parties to earn revenues. Mini creators
can publish their work without having to pay a fee, while businesses earn revenue from
the advertisements and promotions. Although she mainly talks about the way Youtube
finds copyright material, the part where she talks about how they deal with copyright is
valuable to my research. Im uncertain if I want to include this.
"Judge Denies Bid to Halt 'Jungle'" Los Angeles Times. Associated Press, 21 Oct. 2013. Web. 14
Mar. 2015.
This article reports on Caterpillar Inc. suing Disney over the film George of the
Jungle 2. The court refused to block the release the film. This could be used to discuss
how films are often accused of infringing trademarks and how products that resemble
trademarks are common in films. The article is really short, and I dont know if I want to
include it yet.
Kawashima, Nobuko. "The Rise Of 'User Creativity' - Web 2.0 And A New Challenge For
Copyright Law And Cultural Policy." International Journal Of Cultural Policy 16.3
(2010): 337-353. Academic Search Complete. Web. 14 Mar. 2015.
In his/her scholar article, The rise of user creativity Web 2.0 and a new
challenge for copyright law and cultural policy, author Nobuko Kawashima argue that
copyright law is neglecting mini-creators and discourages their creativity. Nobuko
Kawashima develops/supports this argument by examining lawsuits that are borderline
copyright infringement. Nobuko Kawashimas purpose is to reveal the failure of
copyright in order to change copyright laws to adapt to mini-creators needs. Nobuko
Kawashima uses an informative tone with his business audience.

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This article allows businesses to see the perspective of someone who wants to
start something and build their art from nothing. It also shows the drawbacks of enforcing
copyright laws and how our current laws neglect filmmakers using another way to
distribute their art. It is almost like my other sources that talks about distribution, but it
now shows the downsides to enforcing the copyright laws. The article is credible, because
it is an article from the database, and it provides different perspectives. The author has
also published many other works about intellectual property.
Phillips, Anna. "Copyright Or Trademark? Can One Boy Wizard Prevent Film Title
Duplication?." San Diego International Law Journal 11.1 (2009): 319-359. Academic
Search Complete. Web. 14 Mar. 2015.
The scholar article discusses how we can prevent film titles duplication. It is a
little off topic since the author is trying to protect film titles, but it does tackle issues on
copyright that could be beneficial to my research.
Sklar-Heyn, Sarah. "Battling Clearance Culture Shock: Comparing U.S. Fair Use and Canadian
Fair Dealing in Advancing Freedom Of Expression In Non-Fiction Film." Cardozo
Journal of International & Comparative Law 20.1 (2011): 233-276. Academic Search
Complete. Web. 14 Mar. 2015.
In his/her scholar article, "Battling Clearance Culture Shock: Comparing U.S. Fair
Use and Canadian Fair Dealing in Advancing Freedom Of Expression In Non-Fiction
Film, author Sarah Sklar-Heyn argues that the way United States reacts to fair use is
detrimental to non-fictional filmmakers. Sarah Sklar-Heyn develops/supports this
argument by comparing the way United States reacts to fair use to the way Canada
implements their fair use policy. Sarah Sklar-Heyns purpose is to inform her audience

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about Canadas success with their fair use policy in order to have United States follow
Canadas model. Sarah Sklar-Heyn uses a profession tone with his scholar audience.
This is a great article that shows how the fair use policy is implemented in other
countries. This provides another viewpoint for my research, and it showcases another
model that has found success. It synergizes well with my other sources that talks about
clearing rights, but it actually talks about a successful model that can solve it. The source
is fairly credible, because the author is from a credible law school. The material may have
been published in 2011, but Canadas fair use policy is still the same today. Majority of
the article helps with advancing the research.
Smiers, Joost, and Marieke Van Schijndel. "Imagine a World without Copyright." The New York
Times 08 Oct. 2005: n. pag. Print.
The article is great for my research, because it gives an opposing viewpoint on
why copyright is great the way it is. I could use this to address a counterargument to my
research, but it is really limited in information since it is a newspaper article.
Von Lohmann, Fred. "Fair Use, Film, And The Advantages Of Internet Distribution." Cinema
Journal 46.2 (2007): 128-133. Academic Search Complete. Web. 14 Mar. 2015.
In his/her scholar article, Fair Use, Film, and the Advantages of Internet
Distribution, author Fred von Lohmann informs that the Internet is a great tool for
filmmakers to distribute their work. Fred von Lohmann Court develops/supports this
information by exploring copyright rules for online medium. Fred von Lohmanns
purpose is to educate filmmakers in order to have filmmakers share their film
online. Fred von Lohmann uses a persuasive tone with his filmmaking audience.
The source may have a different audience, but it talks about how the Internet can
help filmmakers distribute their films. Being able to see copyright from a filmmakers

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point of view helps me create a more well-rounded research. This source helps with a
reoccurring theme with my research, and that the Internet makes it easier for filmmakers
to distribute works, so there should be a new copyright law that helps both parties. The
source is credible, because Fred von Lohmann is an attorney for Google. He helps them
with copyright and intellectual property.
Walker, Robert Kirk. "Negotiating the Unknown: A Compulsory Licensing Solution to the
Orphan Works Problem." Cardozo Law Review35.3 (2014): 983-1018. Academic Search
Complete. Web. 14 Mar. 2015.
In his/her scholar article, Negotiating the Unknown: A Compulsory Licensing
Solution to the Orphan Works Problem, author Robert Kirk Walker argues that a
compulsory license is needed. Robert Kirk Walker develops/supports this argument by
presenting the benefits of supplementing the limited remedies solution with a compulsory
license. Robert Kirk Walkers purpose is to make a compulsory license seem optimal in
order to have it adopted. Robert Kirk Walker'' uses a persuasive tone with his government
involved audience.
This article discusses about how clearing rights can be difficult, because of orphan
works. He provides another perspective to my research, because he is recommending a
compulsory license. The source groups well with the other sources that addresses orphan
works. It also adds why it would be optimal to get a compulsory license. The source is
fairly credible, because the author is from a well-known law school, and has worked in
the law department before. The article is also brand new, and it is really relevant.

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Synthesis and Development of Research Topic

During the research process, I found that most filmmakers have trouble with clearing
copyrighted material and not being able to distribute their film due to it. In Untold Stories:
Creative Consequences of the Rights Clearance Culture for Documentary Filmmakers, Patricia
Aufderheide and Peter Jaszi discuss how filmmakers are able to create more due to the
opportunities that the Internet provides. The Internet is also a great way to distribute a film, and
Fred von Lohmann tries to educate his audience of it. Having to clear rights prevents all of this
being easy for filmmakers. Filmmakers are forced to cut out parts or replace the audio in their
film in order to have their film publish. They have to take music or published material from the
public domain. This is also why the article from Public Knowledge is advocating to enlarge the
public domain mainly so filmmakers have more material to work with. However, enlarging the
public domain does not solve the issue. If a filmmaker has to cut out or replace audio due to
copyright, it makes their films less authentic. Filmmakers are forced to cancel their project, or
cut out a part that is crucial in allowing their messages to get across. In Understanding
Copyright Laws and the Impact of the Digital Age, the author explains to his audience how
copyright is insufficient in dealing with our growing technology. Creating anything like films or

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videos are easier now, because the public has access to an enormous amount of media. There
should be new rules and regulation that accommodates the new technological age. There are
several viewpoints on this topic that I found. If the copyright laws are too lenient, businesses will
lose rights to their material. Itll allow other people to publish their work without having to pay.
Essentially, it is like someone taking another artists work and putting their name on it. I found
this to be one of the counterarguments to my research. However, I want my audience to
understand my side of the story. I want them to understand that filmmakers has access to all of
these tools, and it helps promote creativity if they are allowed access to these copyrighted
material. If the copyright laws doesnt change, our culture will be permission based. Filmmakers
will be too afraid to use any material. There wont be any art to build upon, and there wont be
any raw materials since everything is copyrighted. My research revolves around the balance
between filmmakers and rights owner. How can both parties prosper with a fair copyright law
that suits todays needs? In the video How Youtube Thinks about Copyright, Margaret Gould
Stewart talks about how business benefit greatly from other artist using their material. It gives
free promotion, and the right owners can choose to gain money from the ads that appear in the
video. Sarah Sklar-Heyns article talks about how Canadas fair use policy is successful and why
we should implement that method. Theres also a CC license that allows artist to build upon the
work that another artist puts out. There are many solutions that Im contemplating on. Im still
wondering on how to combine each idea to make one coherent and well developed solution to
the copyright issues in filmmaking. Two of my sources also address the absurdity of clearing
rights and how sometimes the right owners cannot be found. Robert Kirk Walker recommended
combating this issue with a compulsory license, which I believe would be a great idea. He talks
about orphan works, and how there are outdated material that are copyrighted and need to be in
the public domain. Another research question that arouse was how we can make clearing rights
easier and simple for both the business and the filmmakers. Obviously, right owners need to be
compensated, but they could deny permission. Should they have that right? Is it a form of
censoring? I need my audience to think twice about their actions and how they perceive
filmmakers. Filmmakers are not stealing their works. They are simply expanding on it, and they
need to understand that there is more profit involved when right owners grant rights to other
artist to use their material. My research paper will attempt to present all of these fact in order to
convince businesses and policymakers that it is a new age, and artist should be able to create low
budgeted films to promote more creativity. The copyright laws are outdated, and it needs to
change with society.