Threats to the Fair Use Laws
What is your understanding of fair use? Discuss the relationship between copyright law and freedom of expression. Why do you think it’s hard to know if fair use will apply in a particular instance? What particular challenges does digital technology pose for copyright law? Share and discuss at least one example of digital content from the web that pushes the boundaries of fair use. (YouTube has some particularly good examples.)
Readings
Digital Media Law Project. (2019). Fair use. http://www(dot)dmlp(dot)org/legal-guide/fair-use
Burgess, M. (2017, August 22). Silicon Valley can’t handle hate. Should the state take over? WIRED.https://www(dot)wired(dot)co(dot)uk/article/hate-speech-online-fines-regulation-germany
Rainie, L., Anderson, J., & Albright, J. (2017, March 29). The future of free speech, trolls, anonymity, and fake news online. Pew Research Center.http://www(dot)elon(dot)edu/docs/e-web/imagining/surveys/2016_survey/Pew%20and%20Elon%20University%20Trolls%20Fake%20News%20Report%20Future%20of%20Internet%203.29.17.pdf
United Nations Human Rights Council. (2018). Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. https://freedex(dot)org/wp-content/blogs.dir/2015/files/2018/05/G1809672.pdf
Polyakova, A. (2018, October 3). What do Russian disinformation campaigns look like, and how can we protect our elections? The Brookings Institution.https://www(dot)brookings(dot)edu/blog/brookings-now/2018/10/03/what-do-russian-disinformation-campaigns-look-like-and-how-can-we-protect-our-elections/
Videos
Center for Strategic and International Studies. (2018, September 10). Countering disinformation: Interdisciplinary lessons for policy makers [Video file].https://youtu(dot)be/bApRkWDPJNA
THREATS TO THE FAIR USE LAWS
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Fair use is a legal concept that allows or protects the reproduction of copyrighted content without the permission of the person who produced the content in the first place. Freedom of expression is the right to speak without censorship. The constitution clearly states that people have a right to speak without censorship and also that they have a right to speech. It also has a law on copyright where the owner of the content as the right to restrict access to it, but it doesn't say if he could use this right to block criticism and negative feedback. Without proper measures, the law of freedom of speech could easily conflict with copyright (Burgess, 2017).
It is hard to know if fair use will apply in a particular instance because the difference of the law between freedom of speech and fair use are very thin (Anderson, Rainie & Albright, 2017). For instance, the legal guide says that it is okay to take a small portion of someone's work. It also ...
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