Re: [digital-copyright] Re: Reproducing visual art

Subject: Re: [digital-copyright] Re: Reproducing visual art
From: Brandon Butler <brandon@xxxxxxx>
Date: Fri, 5 Apr 2013 13:49:02 -0400
I have to respectfully disagree with Robert Link. Of course every
institution has to decide for itself how much risk it can tolerate in order
to vindicate a principle (and serve its mission!), but the principle of
fair use is extremely important for scholarship and teaching. The idea that
risk of lawsuits should always be reduced to zero by obtaining permissions
is extremely dangerous and could do great harm. Educational institutions
(*all
*institutions) take reasonable legal risks all the time, risks that are
justified by sufficiently strong countervailing priorities and interests.
There is no good reason to treat copyright any differently than we treat
other areas of law, which are inevitably subject to uncertainty and risk.

I love open access, CC licensing, and the like, but to treat
copyright-encumbered culture as if it doesn't existto leave it out of our
lectures, our scholarship, etc.would be a huge injustice to culture. Maybe
I've misunderstood Robert, but just in case I haven't, I wanted to make
that point!

Best,
Brandon

Brandon Butler | Director of Public Policy Initiatives | Association of
Research Libraries | brandon@xxxxxxx | @ARLpolicy | w: 202.296.2296 x156 |
m: 301.965.0293 | 21 Dupont Circle, DC

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