Marshall Kirkpatrick on Read Write Web was inspired by the recent Library of Congress decisions to write a post in praise of Fair Use. He argues that Fair Use is not just acceptable, but that is it essential for the future.
I tend to agree that there is significant value in it being easy and legal to have certain rights to use bits of copyrighted material in other works. If fair use is essential for innovation in creative industries, what does it mean for the UK that we are bound by the far more restrictive Fair Dealing doctrine?
Fair Dealing sets out specific categories for exemptions, but Fair Use sets out examples of the kinds of things that might be exempt. The words “such as” make Fair Use something that can adapt and change, as the context in which copyrighted work is created and used changes.
The more restrictive the legal environment for using bits and pieces of the existing cultural landscape to create and talk about new work, the worse for the creative industries.
