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Fair use versus fair return: copyright legislation and its consequences.

I L Horowitz, M E Curtis

    Journal of the American Society for Information Science. American Society for Information Science
    |February 10, 1984
    PubMed
    Summary

    The fair use doctrine in copyright law creates complex issues, especially with new technologies. Curtailing fair use and using technology to track secondary use could benefit authors, publishers, and librarians.

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    Area of Science:

    • Intellectual Property Law
    • Information Science
    • Technology Law

    Background:

    • The Copyright Act of 1976 established the concept of fair use.
    • Technological advancements like xerography and online databases have complicated copyright.
    • Fair use has become a contentious issue within copyright law.

    Purpose of the Study:

    • To examine the consequences of legally recognizing fair use.
    • To analyze how fair use interacts with technological growth and copyright law.
    • To propose solutions for safeguarding copyright holders' rights and ensuring information flow.

    Main Methods:

    • Legal analysis of the Copyright Act of 1976.
    • Examination of technological impacts on copyright exemptions.
    • Argumentative analysis of the fair use doctrine's effects.

    Main Results:

    • Legislative recognition of fair use, alongside technological growth, has led to unintended exemptions.
    • Fair use currently obscures the issue of fair return for intellectual property.
    • The current system presents challenges for copyright holders, authors, and publishers.

    Conclusions:

    • Eliminating or reducing fair use, coupled with technological tracking of secondary use, could benefit the knowledge industry.
    • Authors could receive appropriate royalties, and publishers might lower prices.
    • Librarians could be freed from administrative burdens related to usage monitoring and fee determination.

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