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Again, from Ars Technica (which seems to have pretty good coverage of IP issues lately) an organization called Public Knowledge, which seems to have some overlap with the "Cyberlaw Clinic at Stanford and the Technology & Public Policy Clinic at UC-Berkeley" has proposed a new law called the Copyright Reform Act (CRA), which would modify the current specifications of fair use in US copyright law.
Edit: That quote is from the Ars article, their website says "Public Knowledge is a Washington, D.C.-based public interest group working to defend citizens' rights in the emerging digital culture." Currently fair use is based on four factors, "the purpose of the use, the nature of the copyrighted work, the amount borrowed, and the effect on the value of the original work", with specific examples given in the law of "criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research." The CRA would add three more specific cases to the law, "incidental uses, non-consumptive uses, and personal, non-commercial uses." Quote:
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On the face of it, it seems like a badly needed clarification of the law, now that "casual" and "incidental" types of copyright infringement are ubiquitous, as well as shifting some of the burden of proof back to the plaintiff in legal cases. What say ye, O Mobile Readers? Last edited by llreader; 02-18-2010 at 01:56 PM. Reason: Added info on Public Knowledge |
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#2 |
Grand Sorcerer
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'Bout time.
"Personal, non-commercial" uses would also help prevent future stupid lawsuits about cellphone ringtones, or whatever other use strikes publishers/production houses as infringing. I await Disney and the RIAA's combined diatribes about how this proposed change would destroy all commercial enterprise in the western hemisphere. |
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#3 |
Wizard
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Yeah, my university is being sued for fair use violations related distributing copies of articles, one chapter of a book etc. to students for course use, use of material in course lectures etc. University is arguing it's fair use since it's factual information and not harming the sales as students wouldn't buy the book to read one chapter etc.
I'm very interested to see how that case, and others like the one in the post above turn out. I'm VERY anti-piracy. But fighting piracy shouldn't come at the expense of legitimate uses of the material at the individual level, in educational settings etc. They have to find ways to fight the losers who are distributing copyrighted material for profit (or giving it away on the net), those illegally downloading songs, movies, books etc. instead of buying them etc. |
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#6 |
Wizard
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#7 |
Wizard
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No kidding. The last time the white house had a "round table" discussion on this issue they only invited members of the content industry.
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Wizard
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The case here is for stuff like putting PDFs of chapters up on the course site on uLearn for students to download, showing videos in class etc. I'm pretty confident the university will win this case as well though. |
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Wizard
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Wizard
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The only catch will be making copies of a chapter of a book etc. But I think they can win that as it's a pretty reasonable argument that providing one chapter of a book won't stop any purchases. No professor is going to ask students to pay for a book to read one chapter, so there aren't lost sales. Hell, especially for graduate students, some may be interested in the book and want to read the rest and order a copy. But pointing to file sharing sites is a huge no-no. With the focus of universities in educating students not to do illegal file sharing, there's a good chance a prof is going to have major consequences if they direct students to download something illegally. And I'd never do it for moral reasons as I think one should buy material if they want a whole book etc. I just think fair use laws need to be clarified to allow for legitimate educational use of materials that aren't being stolen, or bootlegged and sold etc. |
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#12 | |
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There are some interesting comments on that linked article, one of the most thought provoking, for me, was by a user named Frosty Grin:
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#13 |
Wizard
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Yeah, that's the issue. We have a checklist regarding the 4 factors etc. here that we're supposed to go through before giving articles to students etc.
But the items on it are so vague and subjective to be pointless. The fair use law really needs to be clarified and made a lot more specific to leave out so much ambiguity. Say how much (what % of chapters etc.) of a book can be given to students under fair use etc. |
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#14 | |
Grand Sorcerer
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There's something wrong with, "you can't know whether or not you've broken the law until after someone sues you or the state prosecutes you." |
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#15 |
Wizard
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copyright, cra, fair use |
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