Corante

AUTHORS

Donna Wentworth
( Archive | Home | Technorati Profile)

Ernest Miller
( Archive | Home )

Elizabeth Rader
( Archive | Home )

Jason Schultz
( Archive | Home )

Wendy Seltzer
( Archive | Home | Technorati Profile )

Aaron Swartz
( Archive | Home )

Alan Wexelblat
( Archive | Home )

About this weblog
Here we'll explore the nexus of legal rulings, Capitol Hill policy-making, technical standards development, and technological innovation that creates -- and will recreate -- the networked world as we know it. Among the topics we'll touch on: intellectual property conflicts, technical architecture and innovation, the evolution of copyright, private vs. public interests in Net policy-making, lobbying and the law, and more.

Disclaimer: the opinions expressed in this weblog are those of the authors and not of their respective institutions.

What Does "Copyfight" Mean?

Copyfight, the Solo Years: April 2002-March 2004

COPYFIGHTERS
a Typical Joe
Academic Copyright
Jack Balkin
John Perry Barlow
Benlog
beSpacific
bIPlog
Blogaritaville
Blogbook IP
BoingBoing
David Bollier
James Boyle
Robert Boynton
Brad Ideas
Ren Bucholz
Cabalamat: Digital Rights
Cinema Minima
CoCo
Commons-blog
Consensus @ Lawyerpoint
Copyfighter's Musings
Copyfutures
Copyright Readings
Copyrighteous
CopyrightWatch Canada
Susan Crawford
Walt Crawford
Creative Commons
Cruelty to Analog
Culture Cat
Deep Links
Derivative Work
Detritus
Julian Dibbell
DigitalConsumer
Digital Copyright Canada
Displacement of Concepts
Downhill Battle
DTM:<|
Electrolite
Exploded Library
Bret Fausett
Edward Felten - Freedom to Tinker
Edward Felten - Dashlog
Frank Field
Seth Finkelstein
Brian Flemming
Frankston, Reed
Free Culture
Free Range Librarian
Michael Froomkin
Michael Geist
Michael Geist's BNA News
Dan Gillmor
Mike Godwin
Joe Gratz
GrepLaw
James Grimmelmann
GrokLaw
Groklaw News
Matt Haughey
Erik J. Heels
ICANNWatch.org
Illegal-art.org
Induce Act blog
Inter Alia
IP & Social Justice
IPac blog
IPTAblog
Joi Ito
Jon Johansen
JD Lasica
LawMeme.org
Legal Theory Blog
Lenz Blog
Larry Lessig
Jessica Litman
James Love
Alex Macgillivray
Madisonian Theory
Maison Bisson
Kevin Marks
Tim Marman
Matt Rolls a Hoover
miniLinks
Mary Minow
Declan McCullagh
Eben Moglen
Dan Moniz
Napsterization
Nerdlaw
NQB
Danny O'Brien
Open Access
Open Codex
John Palfrey
Chris Palmer
Promote the Progress
PK News
PVR Blog
Eric Raymond
Joseph Reagle
Recording Industry vs. the People
Lisa Rein
Thomas Roessler
Seth Schoen
Doc Searls
Seb's Open Research
Shifted Librarian
Doug Simpson
Slapnose
Slashdot.org
Stay Free! Daily
Sarah Stirland
Swarthmore Coalition
Tech Law Advisor
Technology Liberation Front
Teleread
Siva Vaidhyanathan
Vertical Hold
Kim Weatherall
Weblogg-ed
David Weinberger
Matthew Yglesias

LINKABLE + THINKABLE
AKMA
Timothy Armstrong
Bag and Baggage
Charles Bailey
Beltway Blogroll
Between Lawyers
Blawg Channel
bk
Chief Blogging Officer
Drew Clark
Chris Cohen
Crawlspace
Crooked Timber
Daily Whirl
Dead Parrots Society
Delaware Law Office
J. Bradford DeLong
Betsy Devine
Dispositive
Ben Edelman
EEJD
Ernie the Attorney
FedLawyerGuy
Foreword
How Appealing
Industry Standard
IP Democracy
IPnewsblog
IP Watch
Dennis Kennedy
Rick Klau
Wendy Koslow
Kuro5hin.org
Elizabeth L. Lawley
Jerry Lawson
Legal Reader
Likelihood of Confusion
Chris Locke
Derek Lowe
Misbehaving
MIT Tech Review
NewsGrist
OtherMag
Paper Chase
Frank Paynter
PHOSITA
Scott Rosenberg
Scrivener's Error
Jeneane Sessum
Silent Lucidity
Smart Mobs
Trademark Blog
Eugene Volokh
Kevin Werbach

ORGANIZATIONS
ARL
Berkman @ Harvard
CDT
Chilling Effects
CIS @ Stanford
CPSR
Copyright Reform
Creative Commons
DigitalConsumer.org
DFC
EFF
EPIC
FIPR
FCC
FEPP
FSF
Global Internet Proj.
ICANN
IETF
ILPF
Info Commons
IP Justice
ISP @ Yale
NY for Fair Use
Open Content
PFF
Public Knowledge
Shidler Center @ UW
Tech Center @ GMU
U. Maine Tech Law Center
US Copyright Office
US Dept. of Justice
US Patent Office
W3C


In the Pipeline: Don't miss Derek Lowe's excellent commentary on drug discovery and the pharma industry in general at In the Pipeline

Copyfight

« Diebold and the Miracle of the Immaculate Certification | Main | Brennan Center for Justice Report on Free Expression »

December 5, 2005

Copyright Mythbusters: Believe It or Not, Fair Use Exists

Email This Entry

Posted by

One of the more frustrating things about debating copyright issues is that copyright mythology sounds a lot more like the truth than the truth. For instance, many people believe that copyright law gives the copyright holder absolute, immutable control over a work, lasting into perpetuity. The truth -- that copyright has built-in limits to protect free speech, scholarship, research, and innovation (the "progress of science and useful arts") -- sounds like a lie. Surely all of that stuff is just bleeding-heart liberal, mushy-minded nonsense?

Oh, well, actually -- no. Fair use exists, and for very good reasons.

Thankfully, as more and more of us confront copyright issues in our daily lives, the number of copyright mythbusters is also growing. The past few weeks have brought us the usual heaping helping of copyright disinformation. Here, four pieces by mythbusters working hard to set the record straight:

Tim Lee, picking part a policy brief shoddy propaganda document claiming that legislation to protect fair use will destroy copyright law as we know it: "[We] have this gem: 'Providing an exemption for any device that has non-infringement purposes effectively destroys all protections of copyrighted material.' I bet Justices Stevens and O’Connor will be surprised to learn that they abolished copyright law when they established precisely that standard in 1984. Who knew that America had no effective copyright protections until Congress enacted them in 1998?" (Here, Joe Gratz on the same "brief.")

Joseph Lorenzo Hall, responding to an NPR report on the Google Book Search debate: "It's painful to listen to as the discussion involves two commentators who don't know anything about copyright law and one representative from a university press who misrepresents copyright law ('You've always had to ask permission in traditional copyright law'... hello, fair use, anyone?!?!)."

Derek Slater, likewise rebutting the argument that any copying without permission is infringement/piracy: "Goldenberg is thus dead wrong when he says that Google Print necessarily takes control away from authors and 'compromises the spirit...of copyright.' If Google’s use is fair, the authors have no such control to begin with, and fair use is entirely consonant with copyright’s purpose. Google’s use is piracy only in the sense that fair use quoting is piracy."

Peter Suber, deconstructing a Google Book Search critic's mistaken argument that the project will harm small publishers because Google is republishing books under copyright (it isn't): "But perhaps P&C is really thinking about its public-domain books, such as the complete works of Daniel Defoe. It's possible that Google scanning of these books, coupled with its policy to provide free online full-text for reading, will undermine library sales and hurt P&C's business. If it wants protection from this threat, then we have to ask which is worse, Google's decision to take advantage of its right to use public-domain literature or a publisher's attempt to re-enclose the commons and extend copyright-like control over public-domain literature?"

Bravo, guys.

I remain in the midst of blog-trumping life transitions, so I can't linger, but here are a few better-late-than-never links that address fair use:

Comments (5) + TrackBacks (0) | Category: IP Use


COMMENTS

1. Jackson on December 7, 2005 11:19 PM writes...

Wonderful post!

Permalink to Comment

2. Emily on December 13, 2005 12:00 PM writes...

I agree-thanks for the helpful info to clear our clouded thoughts on this!

Permalink to Comment

3. Kat on January 3, 2007 11:52 PM writes...

I love Myth Busters!!I have always wanted 2 meet Jaime, and Adam.

Permalink to Comment

4. Grant Mattson on August 16, 2007 9:56 AM writes...

The mythbusters are cool!!!!!!!!!!!!!!!!!!!!!!!!

Permalink to Comment

5. Gauhar on November 13, 2007 7:10 AM writes...

Yeah, fair use policy is helpful for further research. It is useful to News agencies, it is useful to bloggers. Without it, knowledge would not spread.

Permalink to Comment

POST A COMMENT




Remember Me?



EMAIL THIS ENTRY TO A FRIEND

Email this entry to:

Your email address:

Message (optional):




RELATED ENTRIES
That Sound You Hear is the Anti-Neutrality Dam Breaking
Having (Mostly) Failed with Authors, Amazon Makes a Pitch for the Readers
And No Kill Switches, Either
Uncle Amazon Knows What's Best for You (and Itself)
Duplitecture
Muddying the Natural (Patent) Waters
Congress Restores Bulk Unlock Rights
When is a Game a Clone?