The U.S. copyright system strives to create a careful balance between rights and exceptions. Businesses, libraries, consumers, and especially the creative community rely on a range of exceptions and limitations, such as fair use, on a daily basis. Fair use, a fundamental element of the U.S. copyright system, is a legal doctrine that permits the unlicensed use of copyright-protected works under certain circumstances. Because it is technology-neutral, it can be applied in a flexible manner during times of dynamic technological change.
"Fair Use/Fair Dealing Week" presents an opportunity to explore various aspects of this vital part of U.S. copyright law. We would like to add to the conversation by highlighting some recommendations that the Commerce Department's Internet Policy Task Force (IPTF) recently made in the area of remix and fair use.
At Commerce, the U.S. Patent and Trademark Office and NTIA teamed up to release in January a major new report on copyright policy. The White Paper on Remixes, First Sale, and Statutory Damages (White Paper) considers, inter alia, the roles of fair use and licensing arrangements as they apply to remixes.