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August 23, 2004
Posner Blogs on Fair Use and Copyright
Judge Richard Posner has gone on a blogging rampage while guest-blogging this week on Larry Lessig's blog. I have to say, I'm mighty disappointed that his favorite movie was Eight Heads in a Duffel Bag, I mean, please (The Changing of the Guard).
Anyway, he has been going after copyright issues with a vengeance. In one post he talks about a soon-to-be-published paper in which he advocates for a copyright registry to reduce the costs of extensive copyright terms (Fair Use and Licensing). The argument sounds similar to Lessig's that, after a certain point, copyright holders should have to pay a license fee to retain copyright. Posner is arguing that they merely have to register a work. It will be interesting to read the article when it is published. See also, these postings (Licensing and Fair Use and Eldred Revisited). Like one of the commentators, I would also be interested in knowing why "poor old Mickey Mouse would be even less free if anyone could employ him without compensation."
Unfortunately, we won't be likely to hear anything substantive from Posner directly related to the Grokster decision, for reasons he lays out here (When Judicial Lips Are Sealed).
In any case, Posner has proven himself as prolific a blogger as he is prolific in everything else he does - stay tuned over at Lessig's blog.
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