Will Fair Use Survive?

Free Expression in the Age of Copyright Control

Margorie Heins and Tricia Beckles

2005, 67 pages. Brennan Center for Justice at the NYU School of Law, 161 Avenue of the Americas, 12th floor, New York, NY 10003, 212-992-8847, www.fepproject.org

Download PDF: www.fepproject.org/policyreports/WillFairUseSurvive.pdf

"Fair use" is the crucial exception to controls by copyright and trademark holders that allows artists, writers, critics, news commentators, scholars, students, comedians, and others to reproduce, quote, or sample protected work in certain instances. This well-researched report documents and illustrates the aggressive tactics of many copyright holders that is producing a chilling effect on creative expression and democratic discussion. The report also provides recommendations for corrective action.