Will Fair Use Survive?

By Stephen Downes - Stephen's Web. Marjorie Heins and Tricia Beckles: Will Fair Use Survive?, Brennan Center for Justice December 16, 2005

Detailed report on the future of fail use under recent copyright law. The authors are explicit in their recognition that reliance on the 'four factors' commonly used to measure whether something is fair use is a "fairy tale" - fair use claims are much more complex than usually depicted. Moreover, they not that many 'take-down' orders are based on superficial and dubious claims (I've received a few of those), and yet, many people take the content down rather than get involved in a court battle. More...