Thursday, February 9, 2012

Officials Defend Fair Use

January 12, 2010

The White House's deputy chief technology officer said Tuesday that while the Obama administration believes in the fair use of content, it should not be used as an excuse for copyright infringement. Andrew McLaughlin made the comment at Public Knowledge's Fair Use Day event that explored the doctrine of fair use, which is the legal right that allows for particular uses of copyrighted materials.

McLaughlin said the administration will continue to aggressively enforce intellectual property laws but also believes that Americans should have the right to take advantage of the fair use of copyrighted works. "These two things must coexist and need not be seen as inherently in conflict," said McLaughlin, a former Google executive.

He did note that the administration has made a shift in favor of fair use compared with previous administrations when it comes to providing access to copyrighted materials to the blind and visually impaired. A U.S. delegation in December indicated support at a World Intellectual Property Organization meeting for international "consensus" on providing "basic, necessary limitations and exceptions in copyright law for persons with print disabilities," according to the delegation's statement from the meeting. The U.S. delegation said this "consensus" could come in the form of a model law, a joint recommendation adopted by WIPO or a multilateral treaty.

Earlier in the day, Rep. Mike Doyle, D-Pa., also discussed the importance of fair use to the economy. He cited the example of News Corp. Doyle said while News Corp. Chairman and CEO Rupert Murdoch has criticized Google for using News Corp. content, the firm's Fox News unit has cited its fair use rights in defending itself against a copyright infringement lawsuit. "Murdoch's content is valuable, and the economic contribution of the copyright industries is substantial," Doyle noted. "But I think that Murdoch's example is proof that copyright industries also are fair use industries."

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Juliana Gruenwald

Tech Writer

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Juliana Gruenwald has been covering tech and telecom issues for more than a decade for National Journal, Interactive Week, BNA and Congressional Quarterly. This is her second stint with National Journal. She was recruited by NJ in 1998 to help launch its first tech policy publication, Technology Daily. She left in 2000 to cover international tech and telecom issues for Ziff Davis Media's Interactive Week magazine. She started her career at United Press International as the wire service's first Helen Thomas Intern. She has a Bachelor of Arts degree from the University of Minnesota. A Minneapolis native, she misses the lakes but not the cold.


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Tech Reporter

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Josh Smith covers technology policy as a staff reporter for National Journal. He previously interned at National Journal Daily, a Senate press office, and the Deseret News in Salt Lake City where he covered the state legislature, courts, and crime. In 2009 he graduated with honors from Southern Utah University after managing an award-winning student newspaper as editor-in-chief. Josh has received state, regional and national awards for his political and policy reporting, including first place in CapitolBeat’s 2009 Best of Statehouse Reporting college competition. A native of drop-dead-gorgeous Utah, Josh lives in Virginia with his wife, Amber.