On Litigating Fair Use

From Duke University Libraries:

When the Association of Research Libraries wrote a letter to the CCC expressing disappointment over the decision to help underwrite the lawsuit, CCC’s reply emphasized that no damages were being sought and maintained that their participation had the simple goal of “clarifying” fair use. This strikes me as disingenuous. There are more efficient ways to clarify fair use than litigation, and the CCC has a definite financial interest in the case even absent any request for damages. CCC’s aim here is not to clarify fair use but to narrow it dramatically, to their direct and immediate profit.

The argument developed here by Kevin Smith places the Copyright Clearance Center (CCC) in a harsh light – subvening copyright violation litigation in order to further restrict access options to intellectual property, thus securing its own role in the publishing community while attempting to prop up that foundering industry a little longer.  As Paul Courant observes elsewhere (and thanks to Paul for the pointer to this article) it forces a reluctant higher education community to seek alternatives to its own and commercial presses – an outcome potentially fatal to the industry.

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