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Will Fair Use Survive? Free Expression in the Age of Copyright Control

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Abstract:

In late 2004, the Brennan Center for Justice began a research project to learn how well fair began a research project to learn how well fair use and free expression are faring among artists, scholars, and others who make critical contributions to culture and democratic discourse. Our discussions with members of PEN American Center, Women Make Movies, the College Art Association, and the Location One Gallery yielded two common themes. The first was that artists and scholars have great interest in, and confusion about, fair use. The second was a need for community support and pro bono legal assistance in their dealings with publishers, distributors, and other cultural gatekeepers.