Monday, 23 February 2009

Sec 92a to Fair use : moving on to next phase


Image above courtesy of Wordle

Black Out - time to move on - lighten up
As Russell Brown says in his Hard News blog on Public Address, the blackout campaign on Section 92a of the Copyright Amendment Act needs to move to another stage.

The campaign has been a great sucess, and it is to be hoped that there is still time for common sense to prevail and for Sec 92a to be sent into the corner to await a more balanced judgment from NZ Ministers Power , Finlayson, Joyce, and Worth.

It is also to be acknowledged that the NZ rights holder organizations have come a long way in the last week, and there now seems to be a real willingness to make the TCF Code of Practice work. However, that will need more time - hence the need for the delay on the implementation of Sec 92a.

Fair Use
For myself - although I am leaving the topic of Sec 92a aside for the moment, I still want to spend time and energy on exploring and talking about the need for a much greater understanding and commitment to the concept of 'Fair Use" - i.e the ability to use portions of a persons work for discussion - cross fertilisation - research - or, for that matter - parody.

More on this later - in the meantime - if you are interested - check out Wikipedia as a pre- starter to a further debate.

Fair Use as an economic value.
While you are there - and in pursuit of the beginnings of a rational discussions which goes beyond the stereotype of theft and misuse - have a close look at the context for this quote on fair use as an economic driver - which in recognition of the right to fair use, I quote here.
quote
The economic benefit of fair use
A balanced copyright law provides an economic benefit to many high tech businesses such as search engines and software developers and Fair Use is also crucial to non-technology industries such as insurance, legal services, and newspaper publishers.[20]

On September 12, 2007, the Computer and Communications Industry Association (CCIA),[20] a group representing companies including Google Inc., Microsoft Inc.,[21] Oracle Corporation, Sun Microsystems, Yahoo[22] and other high tech companies, released a study that found that Fair Use exceptions to US copyright laws were responsible for more than $4,500 Billion dollars in annual revenue for the United States economy representing one-sixth of the total U.S. GDP.[20]

The study was conducted using a methodology developed by the World Intellectual Property Organization.[20][20] “As the United States economy becomes increasingly knowledge-based, the concept of fair use can no longer be discussed and legislated in the abstract. It is the very foundation of the digital age and a cornerstone of our economy,” said Ed Black, President and CEO of CCIA.[20] “Much of the unprecedented economic growth of the past ten years can actually be credited to the doctrine of fair use, as the Internet itself depends on the ability to use content in a limited and nonlicensed manner."[20]

The study found that fair use dependent industries are directly responsible for more than 18% of U.S. economic growth and nearly 11 million American jobs.

/end quote


2 comments:

Renee Hobbs said...

Take a look at our new music videos for teaching about copyright and fair use. This one is called: Users' Rights, Section 107

http://www.youtube.com/watch?v=8tWhKeb-fUQ

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