Saturday, January 29, 2011

Bardfilm's Fair Use Policy

kj. Bardfilm: The Shakespeare and Film Microblog. Web. 1 January 2011.
I've been thinking through Bardfilm's structure, and it occurred to me that it might be wise to state Bardfilm's policy regarding video use and to explain why Bardfilm's use falls under the "fair use" doctrine of United States law as articulated in, for example, Golan v. Gonzales, 501 F.3d 1170 (2007). That ruling provides, in part, a "guarantee of breathing space within the confines of copyright."

Accordingly, Bardfilm's policy follows these strict rules:
  1. Bardfilm's purpose is educational. I hope to educate my readers by providing commentary and appropriate illustrative material.

  2. Bardfilm always provides the most complete bibliographic information possible about the material it cites. It attempts to follow the format provided by The MLA Handbook for Writers of Research Papers, seventh edition, though the nature of the material cited here means that its form must often be adapted.

  3. Bardfilm provides, wherever possible, links to places to purchase the material it cites. In this way, it serves something of a promotional purpose for the manufacturers and distributers of the material it cites.

  4. Bardfilm does not make a profit. A small percentage of sales from the links I provide to books and DVDs on does return in the form of credit; however, those funds are used in their entirety (and their entirety is admittedly quite minuscule) to purchase materials to be reviewed by Bardfilm. Although there are ads on Bardfilm's site (provided by, I haven't yet made any money from the ads. When I do, those funds will be used in their entirety to purchase materials to be reviewed by Bardfilm.

  5. Bardfilm never provides a video in its entirety. Not even "out of print" material is provided in total. This will encourage those who encounter the material to seek out the fuller version from its source.

  6. Bardfilm does not provide the highest video quality possible. This, too, will encourage readers to seek out higher quality video from its sources.
I hope that stating these policies will clarify Bardfilm's role. Bardfilm desires to help create, develop, and expand the market for Shakespeareana of every kind; it does not intend to hinder the market in any way or to prevent artists, actors, writers, and studios from profiting from their creations. Rather, it attempts to promote such profit and to encourage future creative work involving Shakespeare.

Thank you very much.

No comments:

Bardfilm is normally written as one word, though it can also be found under a search for "Bard Film Blog." Bardfilm is a Shakespeare blog (admittedly, one of many Shakespeare blogs), and it is dedicated to commentary on films (Shakespeare movies, The Shakespeare Movie, Shakespeare on television, Shakespeare at the cinema), plays, and other matter related to Shakespeare (allusions to Shakespeare in pop culture, quotes from Shakespeare in popular culture, quotations that come from Shakespeare, et cetera).

Unless otherwise indicated, quotations from Shakespeare's works are from the following edition:
Shakespeare, William. The Riverside Shakespeare. 2nd ed. Gen. ed. G. Blakemore Evans. Boston: Houghton Mifflin, 1997.
All material original to this blog is copyrighted: Copyright 2008-2039 (and into perpetuity thereafter) by Keith Jones.

The very instant that I saw you did / My heart fly to your service; there resides, / To make me slave to it; and, for your sake, / Am I this patient [b]log-man.

—The Tempest