Fair use industries returned $4.5 trillion to the US in 2006


3 Responses to “Fair use industries returned $4.5 trillion to the US in 2006”

  1. Anonymous says:

    Interestingly, The Computer and Communications Industry Association represents companies such as Microsoft, Google, and Yahoo! (via /.)

  2. Anonymous says:

    One only has to read the areas that are consider fair use employment to see this study as absurd. They have taken entire industries and assigned their workers and revenue to fair use. Does this really make any sense? Or course not.

    Just because one copyrighted document snippet is sent across the web does not mean we count all the routers, switched and servers that touch it to be fair use economic value, but this is what this study does.

    As for the idea of value added to fair use material I believe this is wholly overstated.

    The idea of fair use having a social benefit is understandable but this effort to quantify the economic impact does a great disservice to this debate by creating a false picture of this value.

  3. Rich Pearson says:

    This makes a ton of sense, and it’s great to have the quanitfication.

    Fair Use is such an emotional topic – one that could benefit from a more objective view. IMHO, technology needs to help by providing help on each factor of Fair Use.

    Factor 1: The purpose and character of the use, including whether such use is of a commercial nature is for nonprofit educational purposes.

    While technology can’t identify if the usage is transformative, it can detect if the page on which reuse occurs has advertising present. As evidenced by recent moves by the New York Times, advertising is clearly driving the online content economy making commercial use an increasingly important factor.

    Also, you can learn a lot about the purpose and character of a use by whether or not attribution is provided, which in the online world, amounts to links from the copy to the original.

    Factor 2: The nature of the copyrighted work

    No help from Technology here – it can’t accurately determine if the work is fiction or non-fiction.

    Factor 3: The amount and substantiality of the portion used in relation to the copyrighted work as a whole.

    This is a fancy way of saying that the less of your content that is taken, the more likely it qualifies as Fair Use. This could be detected based on the percentage of the original content that has been reused.

    Factor 4: The effect of the use upon the potential market for or value of the copyrighted work.

    Technology can indicate if ads are present on the reusing site which can be combined with monthly site traffic to determine impact.

    (Disclaimer in that I work for Attributor which provides the above functionality)

Leave a Reply