The threat to Fair Use is very clear in this day and age. With the Digital Millennium Copyright Act, WIPO, and the concerted effort of RIAA and MPAA, many of what we regard as Fair Use has been unfairly and unlawfully curtailed in the name of protecting the misnamed intellectual "property."
At the moment, the user is not required to seek the copyright holder for fair usage (to mean derivative, educational, parody, and news-worthy). Would this bill negate the limitations imposed by the Title 17, Section 107 to exclusive rights? Or will it strengthen it? This is not clear.
How about works that are already Public Domain? Are they redefined as "orphaned works?" Would the user be required to unnecessarily search for the copyright owner?
Larry Lessig is right. The bill does not go far enough to ensure that educational, non-commercial users of orphaned works (whether they are or not) are not unfairly burdened with the requirement that they must seek first the original copyright holder.
no subject
At the moment, the user is not required to seek the copyright holder for fair usage (to mean derivative, educational, parody, and news-worthy). Would this bill negate the limitations imposed by the Title 17, Section 107 to exclusive rights? Or will it strengthen it? This is not clear.
How about works that are already Public Domain? Are they redefined as "orphaned works?" Would the user be required to unnecessarily search for the copyright owner?
Larry Lessig is right. The bill does not go far enough to ensure that educational, non-commercial users of orphaned works (whether they are or not) are not unfairly burdened with the requirement that they must seek first the original copyright holder.