A Stronger Fair Use Doctrine?
Information Today, Vol. 24, No. 7, p. 15, July/August 2007
3 Pages Posted: 22 Jun 2010
Date Written: July/August 2007
Abstract
When the Copyright Act of 1976 was enacted it was supposed to be technology neutral. It was not supposed to matter what the form of the original work was – print, audio/video, microfiche, or even computer. Nor was it supposed to matter what technology was being used to copy the original – photocopier, tape recorder, printing press, mimeo, or even computer. By using broad, non-specific language that focused on copyright substance, rather than copyright form, the law was to apply the same regardless of the technology involved.
It has been obvious that the Internet and digital technology has pushed this neutrality. With a photocopier or tape recorder, you know what a copy is. With the Internet, it becomes less certain. Do you make a copy be calling up a Website? When your computer automatically caches a Webpage? Are you infringing by linking to a remote Website? By deep linking to or framing the remote site? Is it fair use to make a digital copy for personal use, to post on a classroom Webpage, or to create a historical archive?
It has usually fallen to the courts to attempt to resolve these questions. At the center of much of this court action have been major online information companies like Napster and Google. Google, in particular, is party to a number of copyright lawsuits. This is in part because the nature of Google’s business involves content access and duplication in many of these uncertain areas. However, Google has also been fairly assertive in its copyright stance and has the resources to pursue its position. For good or for ill, Google is emerging as a major force in resolving some of these copyright questions.
Keywords: fair use doctrine, lawsuits, legislation, copyright infringement, Copyright Act of 1976, technology, images, Google, effect
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