Tuesday, February 7, 2012

Fair Use Isn't Always Fair (Scholarly Article, BB Article, Radio Show discussion)

            Fair use is a difficult concept to grasp, and is even more difficult to benefit from. What originally started out as a freedom of speech loophole in a seemingly monopoly-like copyright law, is now a confusing and usually disadvantageous part of a so-called “ability to use copyrighted materials.” The article “Administering Fair Use” by Jason Mazzone gives a reasonable choice in how to approach changing Fair Use laws; the article “Lines on Plagiarism Blur for Students in the Digital Age” by Trip Gabriel shows that not all fair use is legitimate on the part of the user, and the “Digital Music Sampling” NPR radio show offers some insight from people who firsthand use or advocate Fair Use. The article “Administering Fair Use” and the radio show have generally the same concept: that Fair Use isn’t always fair to the user. The radio show focuses on music and Fair Use, but the guests still do admit that Fair Use isn’t always so black-and-white (for example, guest Hank Shocklee claimed to have been sued many times for violations of copyright law) which is the primary concern of “Administering Fair Use”: to reform the copyright system and place power in the executive branch so that the system is more black-and-white. The second article, “Lines on Plagiarism Blur…” is defending the copyright holders in the correct manner. The article brings forth the realistic logic that there will be some “plagiarism” where Fair Use is concerned, and that most people who do plagiarize are simply too lazy to cite. The three articles, in conjunction, all do have a very broad central point: things regarding copyright law needs to change, in some way.


Works Cited
"Digital Music Sampling: Creativity Or Criminality?" National Public Radio. 28 Jan. 2011. Web. 04 Feb. 2012.
Gabriel, Trip. "Lines on Plagiarism Blur for Students in the Digital Age." The New York Times. 01 Aug. 2010. Web. 04 Feb. 2012.
Mazzone, Jason. "Administering Fair Use." William & Mary Law Review. LexisNexis Academic, Nov. 2009. Web. 06 Feb. 2012.

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