Use of Copyrighted Images in Academic Scholarship and Creative Work: The Problems of New Technologies and a Proposed "Scholarly License"

The concept of copyright is a familiar and even an integral part of the work that film and audiovisual scholars produce. However, recent developments have served to impede that work, to a point where scholarship can be significantly adversely impacted. This article examines the concept of copyright; the traditional defenses to copyright actions, including fair use; and reflects on the copyright mitigation mechanisms in place for other disciplines and industries. The conclusion offers a proposal that seeks to both ease the use and incorporation of copyrighted material into scholarship, as well as see that scholars themselves receive swift and certain payment and credit for the use of their work by others.