Fair Use vs. Copyright Control

Seen in Academic Commons:

Will Fair Use Survive? Free Expression in the Age of Copyright Control

In Fair Use

Our new friends at the Institute for the Future of the Book gave me a nifty report called “Will Fair Use Survive? Free Expression in the Age of Copyright Control” that is well worth reading. The writing is crisp and the ideas are in this age of intellectual property retrenchment refreshingly provocative.

Published by the Brennan Center for Justice at the NYU School of Law, and written by Marjorie Heins and Tricia Beckles, the report summarizes the results of research done by the Center that looked at a range of artists and academics who ran into trouble with fair use in the early part of the 21st century, either by being the recipients of DMCA cease and desist orders, or who were sued for copyright infringement. While the report paints a fairly dreary picture of our present culture (described derisively as the culture of clearance), the authors do make some concrete suggestions that could help turn the tide in favor of fair use.

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