Abstract
Copyright law seeks to promote the creation of works for the benefit of the public. Fair use doctrine was intended to serve as a check on copyright, to ensure that the law achieves its objectives. Fair use thus limits the rights of authors, and legitimizes unlicensed use of copyrighted works, whenever a rigid application of rights would prevent socially beneficial uses and possibly conflict with the public interest. Nowadays, the vast majority of copyrighted materials are distributed digitally, and copyright is enforced algorithmically. Fair use, as a legal defense against infringement allegations might be largely irrelevant where algorithmic enforcement keeps disputes out of court. In this paper I argue that algorithmic adjudication requires a new approach to fair use. In a nutshell, I argue that in order to serve its role in this era, fair use must be embedded in the system design …
Elkin-Koren, Niva, Fair Use by Design (2017). 64 UCLA Law Review 22 (2017).
First posted 2018-08-09 05:24:45
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