News

Self-censorship: The (way-too-common) result of copyright confusion

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.

Gretchen McCord, JD, MSIS
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Fair Use Week: Let’s celebrate free speech!

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

by Gretchen McCord, JD, MSIS
Digital Information Law

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. 

Gretchen McCord, JD, MSIS
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Fair and Balanced Result in New Jersey Media Group v. Fox News Network

This week is Fair Use Week, an annual celebration of the important doctrines of fair use and fair dealing. It is designed to highlight and promote the opportunities presented by fair use and fair dealing, celebrate successful stories, and explain these doctrines.  

This blog post is brought to you by Jonathan Band of Policybandwidth.  Cross-posted to ARL Policy Notes

Large copyright owners oppose expansive applications of fair use except, of course, when they are sued for copyright infringement. In recent years, the National Football League, Reed Elsevier, and Sony Pictures have all vigorously raised fair use in infringement cases in which they were defendants. As a proponent of strong fair use rights, I naturally want fair use to prevail whenever it is asserted. 

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Fair Dealing Week Events in Canada

Fair use week isn’t just about fair use! Fair dealing is an extremely important component of copyright law, similarly facilitating balance, in numerous jurisdictions including Canada. The University of Toronto is organizing a Canada-wide online discussion about this critical doctrine through videos, blog posts and social media.

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