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NORMS-SHIFTING FOR DIGITAL AND ONLINE
ARTS PRACTICEPATRICIA AUFDERHEIDE, ARAM SINNREICH AND LOUISA IMPERIALE
OCTOBER, 2016
ASSOCIATION OF INTERNET RESEARCHERS
SURVEY• A year after creating Code of Best Practices in Fair
Use for the Visual Arts• C. 1900 U.S. respondents • Via College Art Association • Academics, museum professionals, editors, artists• Early career, mid, veteran • Compare with 2013 survey
QUESTIONS• How high was awareness?
• Did awareness bring trust?
• Did awareness change behavior?
MAJORITY USE COPYRIGHTED WORK
10.96
35.11
19.84
13.84
15.74
4.41Always
Frequently
Sometimes
Rarely
Never
Not sure
ONE-THIRD OF RESPONDENTS AVOID, ABANDON, AND DELAY PROJECTS DUE TO
COPYRIGHT
Avoided or abandoned Delayed0%
10%20%30%40%50%60%70%80%90%
100%
Always Frequently Sometimes Rarely Never Not Sure
FAIR USE IS UNDERUSEDMore than four-fifths of CAA members use copyrighted work, but only one-fifth employ fair use
whenever they do.
Al-ways0.41
Frequently0.19
Sometimes0.15
Rarely0.13
Never0.11
Unsure0.04
Used copyrighted works
Always41%
Frequently19%
Sometimes15%
Rarely12%
Never11%
Sought permissionAlways
38%
Frequently27%
Sometimes16%
Rarely6%
Never4% Unsure
9%
Relied on fair use
Didn’t alwaysseek permission
Yes (80%)
(59%)
Absolut
ely ne
cessar
y for
creato
rs_x00
0d_
very u
seful
somew
hat u
seful
Not sur
e
Somew
hat d
amag
ing
Very da
maging
Total
ly unfa
ir for
creato
rs0%
500%1000%1500%2000%2500%3000%3500%
29% 29%
12%
23%
5% 1% 1%
FAIR USE VALUED BUT...“How useful or damaging do you think fair use rights are for creative expression?”
MANY SEEK OTHER UNLICENSED OPTIONS
Always3%
Fre-quen
tly11%
Sometimes16%
Rarely9%Never
47%
Unsure14%
Used Open License to Share Own
WorkAlways
3%
Fre-quen
tly19%
Sometim
es26%
Rarely13%
Never26%
Unsure14%
Used Others’Openly Licensed
WorkAlways
6%
Fre-quently
36%
Sometimes32%
Rarely10%
Never10%
Unsure5%
Used Others’Public Domain
Work
RESPONDENTS VALUE CREATIVE COPYING
Series1
91%
90%
82%
89%
82%
68%
Series1
95%
93%
87%
95%
92%
76%
Creative appropriation can be “original”
Creative appropriation shouldn’t necessarily require permission
CAAMembers
DocumentaryFilmmakers
GeneralPopulation
U.S.
Non-U.S.
U.S.
U.S.
U.S.
U.S.
U.S.
Non-U.S.
Non-U.S.
Non-U.S.
Non-U.S.
Non-U.S.
RESPONDENTS: UNCERTAINTYLIMITS MY CREATIVITY
Yes43%
No57%
What would change:• More appropriative art• Publish more• Share work online• Improve educational
techniques• Fewer
meetings/calls/emails
2013/2016•Strongly similar overall patterns
•Licensing is still the norm, despite difficulties
•Visual arts professionals have reasons to find alternatives
CHANGES SINCE THE CODE WAS ISSUED, FEB. 2015
AWARENESS AND TRUST
64.1%
35.9%
2/3 HAVE HEARD ABOUT THE CODE
67.2%
32.8%
1/3 HAVE TOLD SOMEONE ABOUT IT
WHO THEY TOLD ABOUT THE CODE
Colleagues Students Administrators Conference Atendees
0
10
20
30
40
50
60
70
80
90
100
87%
35% 31% 21%
ASSOCIATIONS ARE POSITIVE“What words would you associate with fair use?”
CODE USE LEADS TO CHANGE
Yes63%
No37%
Aware of Code
Yes51%
No49%
Used Code
No
No
No38%
Pre-Code14%
Post-Code3%
Pre & Post21%
N/A24%
No41%
Pre-Code16%
Post-Code1%
Pre & Post22%
N/A20%
No29%
Pre-Code15%
Post-Code8%
Pre & Post36%
N/A12%
Employed Fair Use
Yes
CONCLUSIONS
• Education matters; behavior changes with knowledge, confidence
• Peer support matters; it validates new knowledge
• Institutional action, well publicized, matters
• The newest are most likely to change quickly, but the most veteran are in the best position to teach
• Teachers need to build into curriculum
