This report examines judicial case law which has considered the doctrine of fair use in relation to the First Amendment, the Digital Millennium Copyright Act, and as a means of protecting private, noncommercial use of digital music and film by consumers. It concludes that when the potential to infringe is great, as it almost always will be in a digital environment, the courts have not been willing to expand fair use to encompass subsidiary uses such as time shifting, space shifting, or personal noncommercial use.
According to the back cover, this book reports the results of a global survey of consumers, revealing barriers to access and use of copyright materials, research on copyright law reform, and advocacy focused on improving knowledge access in several developing countries.
Digital technology has made culture more accessible than ever before. Texts, audio, pictures and video can easily be produced, disseminated, used and remixed using devices that are increasingly user-friendly and affordable. However, along with this technological democratization comes a paradoxical flipside: the norms regulating culture's use — copyright and related rights — have become increasingly restrictive. This book brings together essays by academics, librarians, entrepreneurs, activists and policy makers, who were all part of the EU-funded Communia project. Together the authors argue that the Public Domain — that is, the informational works owned by all of us, be that literature, music, the output of scientific research, educational material or public sector information — is fundamental to a healthy society. The essays range from more theoretical papers on the history of copyright and the Public Domain, to practical examples and case studies of recent projects that have engaged with the principles of Open Access and Creative Commons licensing.
Date: March 2012
Creator: De Rosnay, Mélanie Dulong & De Martin, Juan Carlos
This document is part of a series of white papers on various copyright issues. This section revisit the current e-course reserves policy, which allows faculty members to make some readings available for electronic reserve. It uses the case from the 11th Circuit which may clarify how schools can use electronic course reserves.