Are you thinking about reprinting this brilliant paragraph on your website? Not so fast. Section 107 of the U.S. copyright law describes the fair use doctrine, which states that for certain purposes, copyrighted works can be used without authorization. This relatively ambiguous definition, however, has left a lot of gray area about how the doctrine should be interpreted. Where exactly is the line between fair use and copyright infringement?
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I agree, is copyright fair?
Here is an example from my experience:
I bought 3 year ago a DVD with a DRM-protected movie in HD.
(it was special at the time to have HD content on a DVD - Blu-ray didn't really exist)
A computer is required to see the HD movie. The movie had DRM to protect it.
The DRM required to contact a website to get a "certificate" allowing me to see the movie.
That prompts me 2 questions:
1) What if the website disappears?
2) What if I do not have the internet ?
The website was there, but the certificate was only compatible with an earlier version of Windows media player. The DVD maker said the fault was Microsoft. Microsoft said it wasn't their fault. It is common knowledge that downgrading Microsoft's multimedia player is very difficult.
Conclusion: The movie is blocked because of the DRM.
I paid for a product that I cannot use today. Is that fair?
If it is not fair then allowing Fair Use should be mandatory until a more comprehensive DRM is in place.
The question 'Is Copyright Fair and Balanced?' would be a better question than asking a loaded question like 'is file sharing fair use?'
Naturally some versions of file sharing would be fair use. Some would be copyright infringement. Others would be problematic in that they are against the law but potentially justifiable given the unfair balance of copyright in the rights holders favor (IE. Insanely long term limits on copyright).
Focusing on Copyright reform rather than if something specific is fair use would be a better use of time and resources that the experts at hand are dealing with.