fair use

Academia as a Commons

David Bollier has been the Croxton Lecturer at Amherst College for the past semester, teaching a course, “The Rise of the Commons.” Below are remarks that he delivered at the Robert Frost Library on April 26, 2010.

I realize that any mention of digital technologies and copyright law can induce a certain mental stupor among many people. The topic is rife with many complicated legal and technical issues. But I believe that we commoners have too much at stake to leave copyright law to the lawyers and the Internet to the techies.

Artists vs. Copyright Law

We’ve all seen the F.B.I. notices at the beginning of DVDs and the dire warnings by the record labels: their works are “private property” and any unauthorized uses amount to “theft” or “piracy” punishable by law. It’s a big lie. There is a whole class of “unauthorized uses” that are entirely legal, not to mention necessary for education, democracy and ordinary social life. It’s called “fair use,” which is a legal doctrine of copyright law that allows anyone to excerpt and re-use film, music, books and other copyrighted works without getting advance authorization or paying any money.

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