The Changing World of Copyright

Link: Fair Use Means Big Money. This is the kind of empirical data the might sway policymakers and/or the courts. Fair Use (FU) allows for a protected form of cultural dissemination and that, it turns out, is damn good news for the economy.

I have yet to read the study, but I certainly plan to. Look for a more detailed follow-up post.  The FU doctrine (no pun intended) is now codified and has been part of the common law for quite some time, however, it is not as widely used as an affirmative defense in practice due to the fear of litigation costs. Most "little guys" simply cannot afford to assert their rights and fold when threatened. This often allows "Big Copyright Holders" the ability to win through intimidation.

The courts have been reluctant to alter the status quo due in part to the fact that there has been no demonstrable evidence of PAIN. This study may help to shed some light on this issue.