Expanding Fair Use To Reform Copyright Law

Hugh Pickens writes "Gigi Sohn, President of Public Knowledge, presented a six-step program for reforming outdated US copyright laws in a speech at the New Media conference at Boston University. Sohn expressed no patience with the 'disconnect between the law and the technology' of media production and distribution. He puts Fair Use at the top of the list for changes that will help return balance to copyright laws that have limited innovation, scholarship, creativity, and free speech. In addition to the four-part legal test for fair use currently on the books, Sohn recommends that Congress add incidental, transformative, and non-commercial personal uses to the list of fair uses enumerated in copyright law, and in addition expressly provide that making a digital copy for the purpose of indexing searches is not an infringement. Beyond Fair Use reform, Sohn advocates punishing copyright holders who 'knowingly or recklessly' send out false takedown notices, protecting the manufacturer of a technology from liability for the infringing activity of others if the technology has substantial non-infringing uses, promoting fair and accessible licensing of copyrighted works, limiting damages for the use of orphan works, and requiring copyright holders to provide notice of any limitations on users' ability to make fair or lawful uses of their products."

Comments

right

[stoolpigeon]

and how much did Public Knowledge give in campaign contributions this year? How much do they plan on 'donating' in 2008?

'Cause I'm thinking the industries that give millions might not be in favor of any legislation that would do any of this stuff.

And I'm thinking that the millions of dollars are gonna talk louder.

Re:right

[monomania]

This is where we come in. It behooves us to support these organizations, with our voices and our purchasing power if they are commercial, and with our time (if possible) and our donations if they are non-profit. We have to foster the voices that speak for us whenever and wherever we can.

Re:right

[cei]

I'd start with:

• 28 year term -- non-extendable; non transferable. It's good to make money off your success. It's not good to rest on your laurels and hope to retire off your one-hit wonder -- that doesn't give any incentive for new creation. And your heirs shouldn't expect any right to be useless members of society, making their way solely on your notoriety. Just because J.R.R. Tolkien and Frank Herbert created whole universes doesn't give Christopher Tolkien and Brian Herbert exclusive rights to play in those worlds, just because their daddies made them.
• Corporations can't hold copyright, only the individuals that actually created the work. Work-for-hire would not transfer ownership to the hiring entity.
• Non-commercial violations would be allowed under fair use so long as their scope was limited. (ie, OK to share a copy with your friend for no money; not OK to share copies with hundreds of strangers for no money.)

Probably a few more, but those are off the top of my head...