Controlling Voices: Intellectual Property, Humanistic Studies, and the Internet

By Tyanna K. Herrington | Go to book overview

3
Fair Use, Access, and
Cultural Construction

Fair use provides legal exceptions to the protections established in the intellectual property statute but simultaneously supports an important protection of the right of public access to information. In doing so, the fair use exceptions further the goal of cultural advancement by ensuring society's development of knowledge. The fair use exceptions thus provide direct support for the policy intentions of the constitutional intellectual property provision. Fair use is a means to assure that the information that is at the basis of our culture remain accessible for critical comment, parody, news reporting, and educational purposes.

Educators gain the greatest support for classroom use of protected work from these exceptions. The fair use exceptions, applied in conjunction with the First Amendment, ensure our freedom to use otherwise protected work as a basis of critical comment and as a starting point for developing critical thought; both are of great value to us in our roles as academicians. This chapter explains that fair use extends our scope of legal use to otherwise protected works, while balancing right of access against individual creators' rights.

This chapter focuses on these elements of the fair use exceptions: purpose and character of use, including quotation, critical comment, educational purposes, parody, and news reporting; the nature of the work, including collections and anthologies, video and audio productions, compilations, workbooks, standardized test sheets and exercises, out of print and unpublished works; the amount and substantiality of

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Controlling Voices: Intellectual Property, Humanistic Studies, and the Internet
Table of contents

Table of contents

  • Title Page *
  • Contents vii
  • Foreword ix
  • Acknowledgments xiii
  • Controlling Voices *
  • Introduction 1
  • Part One - The Law 25
  • 1 - Protective Control for Intellectual Products 27
  • 2 - Copyrights and Duties 35
  • 3 - Fair Use, Access, and Cultural Construction 59
  • 4 - Law and Policy: the Balance in Cyberspace 77
  • Part Two - Ideology and Power 85
  • 5 - Controlling Construction: the Internet, Law, and Humanistic Studies 87
  • 6 - Controlling Ideologies: the Internet, Law, and Humanistic Studies 112
  • 7 - The New Millennium and Controlling Voices 129
  • Notes 157
  • Works Cited 159
  • Index 167
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