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Fair Use Generates $4.7 Trillion For US Economy
Hugh Pickens writes "The Hill spotlights a study released by the Computer & Communications Industry Association, which concludes that companies relying on fair use generate $4.7 trillion in revenue to the US economy every year. The report claims that fair use — an exception to the copyright law that allows limited use of copyrighted materials — is crucial to innovation. It adds that employment in fair use industries grew from 16.9 million in 2002 to 17.5 million in 2007 and one out of eight US workers is employed by a company benefiting from protections provided by fair use (PDF). Rep. Zoe Lofgren (D-CA) says the reasonable fair use of content needs to be preserved; otherwise, content owners will control access to movies, music, and art that will no longer be available for schools, research, or web browsing. Lofgren tied the copyright issue with the question of net neutrality. Without net neutrality 'content owners will completely control and lock down content. We're going to be sorry characters when we actually don't see fair use rights on the Web,' says Lofgren. 'If we allow our freedom to be taken for commercial purposes, we will have some explaining to do to our founding fathers and those who died for our freedom.'"
Fair Use Generates $4.7 Trillion For US Economy
Wrong, from the article
Companies that rely on fair use generate $4.7 trillion in revenue, according to a study released today by the Computer & Communications Industry Association.
See the difference? Fair use generates a third of our GDP? Please, I'm not stupid.
My work here is dung.
the reasonable fair use of content needs to be preserved
Would you care to define the boundaries of fair use for me? How much a song can I use non-commercially in one instance (not like a repeated sample) without fear of repercussion or litigation from the copyright holder? Because even though some people have established "safe harbor" and guidelines, they don't seem to be officially codified yet. I uploaded some song samples on Wikipedia for my favorite albums and the rules were 10% of the length of a song or 30 seconds, whichever is shorter. And, honestly, there's no law that completely and irrefutably protects this as fair use. Then there are the people that claim a full album is a "work" and therefore 10% of that (which could be a whole song) is fair use. I don't know where it starts and stops ... with movies it seems like nothing goes while with songs it seems you can get away with a little more. So hazy and ill defined, how can you rely on something like that for income when every step is potential litigation?
I'm all for preserving it so long as you can define what exactly it is that you are preserving.
My work here is dung.
the silly brainwashing about fair use pounded into students' heads by other well-meaning but misguided instructors.
I have students afraid to read books before writing papers because if they "get an idea from a book" and use it, it's plagiarism. The entire notion of citations has gone right past them; all they know is that everything they do has to be "original."
I routinely hear that they didn't know they could use a quote because they thought it was "stealing" and are afraid of reading relevant works first so that they don't "copy an idea" without meaning to.
The other half of the students, steeped in remix and sampling culture and fancying themselves anti-IP warriors, routinely copy and paste without citing, then give me lectures about how IP is coming to dominate society. They intentionally refuse to cite out of a misguided sense of activism and as a result flunk assignments and even classes and are referred to disciplinary bodies where they presumably make the same arguments.
There is little sanity and a lot of craziness coming out of the discourse on IP, and we're going to see it affect us as the current generation of students enters the workforce.
STOP . AMERICA . NOW
I think you're missing the point. It's not about anti-copyright, because of the reasons you describe. It's about changing the goalposts all the time - fair use has been written in law for decades / centuries. Suddenly, companies want to clamp down, pretend it doesn't exist, stop you using your "fair use" rights at all, making "fair use" almost impossible through DRM schemes etc. And then copyright extension terms gets extended *again*, and *again* until nothing ever hits the public domain at all. That's *not* what copyright was about, and it's *not* the stated purpose as written in every historical law on copyright. It's supposed to be a temporary arrangement to allow the authors to prevent plagiarism for a reasonable time in order for them to capitalise on their work, and then to ultimately let the public benefit from "archaic" works.
The message was lost. But even those people who license under the GPL release that when their copyright expires (if it *ever* does), their works may revert to the public domain (I don't know if anyone's looked at the copyright expiration situation but it's very difficult given the average development history of popular GPL software). At the rate things are going, that's going to be never.
Most people *aren't* anti-copyright. They actually want the laws to be enforced as written and for the law to stay static. Hell, most Disney stuff, The Beatles, etc. should have expired into the public domain *YEARS* ago.
The only significant works that I know where you can get public domain copies of them are the books on things like Project Gutenburg (and we're talking still-money-making stuff like the original Beatrix Potter illustrations and novels etc. and the rights-holders are still making a killing... you just have to be sure that you took the images from the *original* books, not from the modern (re-copyrighted) reprints). Music, software, video, where's the public domain stuff now?
Vice-versa I was visiting an engineering school, and the students came-up with a very ingenious idea to convert tidal waves into air motion and then electricity (via windmill action). I asked where they got the idea, and they said they saw it on the internet.
Yes they copied the idea, but so what? That's how science advances. One guy has an idea and ~10,000 other guys work to perfect it and make it reality. As you said, as long as they cite it, I have no problem with it. "Stable ownership is the gift of social law, and is given late in the progress of society. It would be curious then, if an idea, the fugitive fermentation of an individual brain, could, of natural right, be claimed in exclusive and stable property. If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it.
"Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property." - Thomas Jefferson in the 1780s
"I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
I recently assigned a paper on the difference between plagiarism and copyright infringement in a class on innovation. We had to spend two weeks more discussing it after I got not a single paper that understood the difference, despite having spent time going over the topic already.
What surfaced in the course of our discussions after the paper was that they were relying on sources (articles, press, other instructors) that simply conflated the two, and whose language on the justifications for both was almost always couched simply in individualist ethics (protecting an implied right on the parts of other authors in terms of identity and status) rather than in rational policy calculations. In short, most of the sources they found sloppily interchanged words like plagiarism and copyright infringement and implied both to be a matter of protecting egos and personas as an individual rights issue.
Plagiarism = Copyright Violation = Failure to be original
It was a very tough discussion because they were very suspicious to find one single instructor (i.e. me) telling them that pure originality is not the basis of science or creative life (indeed, isn't even possible), and that plagiarism is not a legal construct and should not be imagined in that way.
STOP . AMERICA . NOW
Better to make DRM and copyright mutually exclusive. If you use DRM you don't need the legal protection of copyright.