the Irish for rights

Fair Use, again – briefly

'Scales of Justice', a public domain IP image, via wikipediaI have on this blog called for a thoroughgoing re-examination of the current balance between reward and innovation in copyright law by the enactment of a broad legislative right of fair use. Via What if . . . and Copyright on madisonian.net (Mike Madison) and What Ifs? Copyright Law III on 43(B)log (Rebecca Tushnet, personal site; Georgetown site), I learn that Abraham Drassinower, of the University of Toronto Faculty of Law, in a paper entitled “What if copyright were really about authors?” at the What If, and Other Alternative Intellectual Property and Cyberlaw Stories IP Symposium argued:

If authorship were central, copyright would be less extensive. There would be no grounds for liability for copying for personal use, and the defense of fair dealing/fair use would not be a mere exception. It would be a user right.

Great stuff, this! (At the link above, Mike Madison explored similar territory). It bears repeating: in my view, fair use ought to be a right, and not merely an exception, exemption, license, or privilege.

4 Responses to “Fair Use, again – briefly”

  1. Eoin says:

    There has been much modern discussion of the role of the author in the history of modern copyright law. I’ve enjoyed Saunders “Authorship and Copyright” (Routledge, London, 1992); Mark Rose “Authors and Owners. The Invention of Copyright” (Harvard University Press, 1992); Sherman and Strowel (eds) “Of Authors and Origins. Essays on Copyright Law” (Clarendon Press, Oxford, 1994); Jody Greene “The Trouble with Ownership. Literary Property and Authorial Liability in England, 1660-1730” (U Penn Press, 2005) (reviewed here by IPKat); Ronan Deazley “On the Origin of the Right to Copy. Charting the Movement of Copyright Law in Eighteenth Century Britain (1695-1775)” (Hart Publishing, Oxford, 2004) and Ronan Deazley “Rethinking Copyright. History, Theory, Language” (Edward Elgar Publishing, 2006) (reviewed here by IPKat and here by William Patry; see also Patry here and here).

  2. […] one author is capable of restricting the next (as I have had occasion to observe on this blog, on more than one occasion). This has given rise to significant scholarship and debate on the role of the […]

  3. […] view, and a post last Friday on the Patry Copyright Blog (returning to an issue about which he has blogged in the past) about The Natural Rights Issue is very much on point [with additional links]: Claims […]

  4. […] in the same way as close cousins are similar: there is a strong family resemblance, but there are very important differences. The similarities are enough that I can reasonably use the US text, and I do; […]

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Me in a hatHi there! Thanks for dropping by. I'm Eoin O'Dell, and this is my blog: Cearta.ie - the Irish for rights.

"Cearta" really is the Irish word for rights, so the title provides a good sense of the scope of this blog.

In general, I write here about private law, free speech, and cyber law; and, in particular, I write about Irish law and education policy.

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