The Importance Of Copyright Law

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The United States of America is built on the backs of innovators, and forward-thinkers. To protect these men and women lawmakers have drafted some of the most important pieces of legislation in our country’s history: copyright law. Copyright’s purpose is to protect the intellectual property of creators, so that their work cannot be used, or reproduced without their consent. This gives creators the security that their assets will not be stolen, and thus, creates an environment that encourages new innovation and artistic expression. However, copyright law no longer works towards its original purpose. Instead, large corporations use it to maintain a stranglehold on works that should have been released to the public domain by lengthening copyright terms far past the life of the creator. Copyright law needs to be reformed so that the time it takes for material to enter …show more content…
Fair use is the doctrine that copyrighted works may be used or referenced without the consent of the copyright holder if the new creation is “transformative” (e.g. parody). The criteria for determining if something is fair use are the purpose of the use, the nature of the copyrighted material, the amount of copyrighted material used, and the effect of the use on the marketability of the material (UT Austin, “Copyright Laws and Regulations”). Fair use, being as essential as it is in the promotion of new creation, has a major flaw. There is no law guaranteeing the right for those who wish to create works that fall under fair use to do so. Fair use as it is now, is merely a courtroom defense for people who have been sued for copyright infringement. This enables large companies with deep wallets and teams of lawyers to abuse smaller artists who cannot afford long, hard legal battles. The current state of affairs is unacceptable and reform is necessary if we wish to create an environment that does not discourage ethical

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