Will Fair Use Survive? Free Expression in the Age of Copyright Control
“Fair use” is a crucial part of our copyright system. It allows any of us to quote and reproduce parts – or sometimes all – of copyrighted works, if the use advances creativity and democratic discussion. There are similar free expression safeguards in trademark law. Together, they assure that the owners of “intellectual property” cannot close down the free exchange of ideas. These safeguards in our copyright and trademark systems are at risk today.