Tag Archives: fair use guidelines

Who’s Afraid of Fair Use? Is Fair Use a Right and Not a Defense Any More?

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.

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