Fair Use Fundamentals

Post by Gretchen McCord, JD, MSIS, Digital Information Law

The following is an excerpt from “Copyright: What We Don’t Know Does Hurt Us,” originally published in The Copyright & New Media Law Newsletter 18:3 (2014).

Introduction

For those of us who teach copyright law and regularly advise both creators and users of protectable content, it comes as no surprise to hear that confusion and misunderstanding about copyright are quite common and that the resulting fear of making mistakes in interpreting the law leads to overly conservative applications of the law.  This probably does not surprise most of you readers, either.

Originally posted at www.digitalinfolaw.com/blog.html

This week is Fair Use Week, an annual celebration of the doctrines of fair use under U.S. law and fair dealing under the laws of many other nations.  Both provide limitations on, or exceptions to, a copyright owner’s rights that allow others to use protected works without first obtaining permission.

I am going to take this opportunity to point out the role of fair use to a free, democratic society.  If you haven’t thought of this connection before, I hope you will take a few minutes to do so.