Public Knowledge proposes to expand the breadth of Fair Use

In an effort to update copyright law for the digital age, Public Knowledge, in conjunction with the Stanford Cyberlaw Clinic and the Samuelson Law, Technology and Public Policy Clinic, has proposed three reforms to the statutory Fair Use analysis. Public Knowledge, a Washington, D.C.-based public interest group working to defend citizens’ rights in the emerging digital culture, stated its intent to effect the following copyright changes:

1) strengthen fair use, including reforming outrageously high statutory damages, which deter innovation and creativity; 2) reform the DMCA to permit circumvention of digital locks for lawful purposes; 3) update the limitations and exceptions to copyright protection to better conform with how digital technologies work; 4) provide recourse for people and companies who are recklessly accused of copyright infringement and who are recklessly sent improper DMCA take-down notices; and 5) streamline arcane music licensing laws to encourage new and better business models for selling music.

Updating Fair Use for Innovators and Creators in the Digital Age: Two Targeted Reforms proposes to augment the existing Fair Use factors by allowing for “incidental” or “noncommercial and personal” use of copyright material. Additional recommendations seek to change sections of the law dealing with fair use damage awards.

Further sections of The Copyright Reform Act (CRA) will be released in the coming weeks.

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