There’s a point in evolution when you can say that over evolutionary time Something Big has happened — or even mutated into something dramatic. I believe this week is one such time.
Pretty much any copying, distribution, public performance, or derivation of a copyrighted work (a book, an photo, a motion picture, a song, a website, etc.) without authorization of the copyright holder is copyright infringement. (I say “pretty much,” because some copying is so trivial that’s it is de minimis and doesn’t need a fair use defense. There are also a few specific exemptions from absolute copyright protection with respect to certain photocopying by libraries and for other special situations.) Dominion over a copyright is what a copyright holder gets – a near monopoly over the right to copy. To say it another way, the word “copyright” means it just the way it sounds.
Continue reading “Who’s Afraid of Fair Use? Is Fair Use a Right and Not a Defense Any More?”