Wednesday, September 7, 2011

Discussing §512 (f) of the DMCA: Is Fair Use a Right?

The Copyright Alliance is an organization composed largely of giant corporations within the Entertainment Industry. This Alliance wants to gut our right to Fair Use like a dead fish. www.copyrightalliance.org Copyright Alliance members: www.copyrightalliance.org Patrick Ross, the Executive Director of the Copyright Alliance, writes: blog.copyrightalliance.org "fair use is not a right. Copyright is a right. Fair use is a limitation on that right, which is not absolute. Specific methods of fair use are defined in court, and then only for that use. Fair use, then, is an affirmative defense the user can cite in court if sued for infringement." The American University School of Communication Center For Social Media has published a Code of Best Practices in Fair Use for Online Video: www.centerforsocialmedia.org "...the cultural value of copying is so well established that it is written into the social bargain at the heart of copyright law. The bargain is this: we as a society give limited property rights to creators, to reward them for producing culture; at the same time, we give other creators the chance to use that same copyrighted material without permission or payment, in some circumstances. Without the second half of the bargain, we could all lose important new cultural work just because one person is arbitrary or greedy. Copyright law has several features that permit quotations from copyrighted works without permission or payment, under certain conditions. Fair use is ...



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