[A2k] Peter Jaszi's prepared testimony for today's fair use hearing

Michael Palmedo mpalmedo at wcl.american.edu
Tue Jan 28 07:04:55 PST 2014

Peter Jaszi's full testimony: 




PIJIP announcement: 



Professor Peter Jaszi to Testify Before House Subcommittee on Courts,
Intellectual Property, and the Internet


PIJIP, January 28, 2014


Professor Peter Jaszi will testify tomorrow before a House Judiciary
Subcommittee on the Courts, Intellectual Property and the Internet, as a
witness in a hearing on "The Scope of Fair Use."  The hearing will focus
on the fair use doctrine, which permits limited unauthorized use of
copyrighted material, and which is relied upon to create derivative and
transformative works. 


Professor Jaszi's prepared testimony is available here.  He makes four
main points about fair use:   First "the proposition that citizen's
ability to make some socially and economically positive uses of
copyrighted material without permission is a right, and now widely
recognized as such."  Second, "fair use is working" thanks to the
federal courts and the activities of user communities.  Third, "lawyers
(and their clients) have little real difficulty forecasting likely
outcomes" in many fair use cases.  Finally, "in only a few short
decades, the courts have developed a robust 'unified field theory' of
fair use which is fully capable of meeting the digital challenge and
should be allowed to do so, just as fair use doctrine has been allowed,
over more than 170 years, to adapt to other changes in circumstance."


Professor Jaszi has written extensively on the issue of copyright fair
use.  Over the past decade he has worked with documentary filmmakers,
educators, poets, and academic and research librarians to develop Codes
of Best Practice for Fair Use within each of these user communities. He
recently coauthored Reclaiming Fair Use with American University School
of Communications Professor Patricia Aufderheide.




Mike Palmedo

Program on Information Justice and Intellectual Property

American University Washington College of Law

4801 Massachusetts Ave., NW, Washington, D.C. 20016

W: 202-274-4442 | M: 571-289-3683

wcl.american.edu | infojustice.org | pijip-impact.org


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