Fair Use Element of Copyright Law

Paper Summary:

This paper discusses copyright law and mentions some famous copyright cases that have assisted in bringing copyright issues involving fair use to the forefront. The author explains how technology and the Internet have further complicated the problem and analyzes the provisions of copyright law in regard to fair use focusing on news commentary and educational uses.

Content:
Introduction
Constitutional Provision Establishing Copyright
1970's Revision of the Copyright Act
Fair Use Focusing on News Commentary
Fair Use Focusing on Educational Uses
Conclusion

From the Paper:

"The history of the first copyright laws have origins that date back as early as the 1500's when printing presses were first invented. At that time, the risk of unauthorized copying of material was very low, as only a few printers existed and the owners of these printers were well-known. The first copyright laws in the American colonies were used to control the content of what was published, rather than to prevent unauthorized copying. Shortly after the Revolutionary War, the Continental Congress recommended that the states adopt copyright laws (Hollaar, 2002). With the new Constitution, the Congress was given the power "to promote the Progress of Science and the useful Arts, by securing, for limited Times, to Authors and Inventors, the exclusive Right to their respective Writings and Discoveries (Hollaar, 2002)." This early version of the Patent and Copyright Clause was found in the United States Constitutional, Article I, Section 8. According to Hollaar (2002), at that time, "science" referred to knowledge, and the "useful arts" are what we now call technology. A review of the literature indicates that scholars currently view that early Patent and Copyright Clause as a limitation on Congress, not a grant of authority. This is due to the fact that patents and copyrights must have limited durations, and others have argued that any copyright or patent law passed by Congress must be shown to "promote the Progress of Science and the useful Arts" when they feel that copyright or patent is limiting something that they feel is worthwhile (Hollaar, 2002)."

Sample of Sources Used:

• AUSC Annenberg. (2007). Fair Use Under Fire. Retrieved July 31, 2007, from http://www.ojr.org/ojr/stories/060223day/.
• Bangeman, E. (2005). Congress gives fair use legislation a hearing. Retrieved July 31, 2007, from http://arstechnica.com/news.ars/post/20051116-5589.html
• Carter, Mary E. (1996). Electronic highway robbery: An artist's guide to copyrights in the digital era. Berkeley: Peachpit Press.
• Chase, Mark E. (1997). Educator's attitudes and related copyright issues in education: A review of selected research. Retrieved July 31, 2007, from http://www.nlc-bnc.ca/ifla/documents/infopol/copyright/cham.txt.
• Fishman, Stephen. (1997). The copyright handbook: How to protect & use written works. (4th ed.). Berkeley: Nolo Press.

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