![]() ![]() I intended it as a consciousness-raising exercise, and hope it was useful in that regard: Recognizing how broad fair use can actually be. The poll was never intended to collect data in any reliable way - I drafted it in about half an hour, phrased things in ways that were sometimes intended to be counter-intuitive or provocative, and of course left out much nuance. ![]() (Plus, the usual lawyerly cautionary note that these were not enough facts to really assess the fairness of the use, but that at the least, I wanted folks to know that these facts could give rise to a finding of fair use.) At the end of the survey (which was anonymous), I posted the note: “Surprise! All of these uses were found to be fair use by US courts,” and gave a brief citation to each case. I listed a dozen or so different scenarios, taken from famous or recently-well-publicized fair use cases, and made a simple paraphrase of the case, with a “fair use” or “license it” choice. For Fair Use Week, I offered a small “fair use” quiz to colleagues.
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