Deep Dive on Fair Use and Consensus Documents

Why take an approach to determining fair use that is rooted in professional consensus, rather than (for example) negotiating standards with right holders or consulting legal experts?

At the heart of this approach is the record of almost 175 years of fair use decision in the U.S. courts, showing that courts are influenced by evidence of professional consensus within communities of practice about what constitutes fair use. A good resource on this point and others relating to the growth in use of fair use best practices codes in the United States is the new book, Reclaiming Fair Use: How to Put Balance Back in Copyright Law (Aufderheide & Jaszi, 2011, University of Chicago Press). Complementary material also is available on our  fair use homepage.

For further analysis of the trends in fair use, which demonstrate the vitality of the best-practices approach, we recommend the enclosed materials: