“Digital Freedom” vs. Keeping Fair Use “fair”

So what is fair use, really? It’s codified in section 107 of the Copyright Act, intended primarily to promote such uses as criticism, comment, news reporting, teaching, scholarship or research. The determination is further guided by four factors–including purpose of use, the type of work, the amount used, and the effect on the market for or value of the work–which must be balanced to establish whether a particular use is “fair.” It is not an all-purpose excuse to make use of someone else’s property for free. And it is certainly not an excuse to boost the sales of electronic devices and services on the backs of hard-working creators….Instead of redefining fair use to promote a short-term free-for-all, let’s embrace the existing concept to allow for long-term growth of technology, while valuing and protecting the content it carries. That benefits us all.

Read RIAA President Cary Sherman’s editorial from C|Net, commentary from Ars.

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Filed under Digital Commons, Fair Use, P2P (Peer to Peer), web 2.0

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