@aram @CMSImpact “The bad news? Comms scholars were all too often unaware of their fair use rights, despite their beliefs that they understood the law. W/o this knowledge, they can’t assert their rights when it matters most.”

More bad news? Fair use isn’t really a right. 1/4
“Rights” can be understood from both a legal & non-legal perspective. Legally speaking, fair use is an affirmative defense, not a “right” as expressed by the Supreme Court in Campbell, & recently highlighted by the 9th Circuit in ComicMix. 2/4
This disconnect is further exacerbated by failure to recognize the actual right involved—the copyright of the author, in comparison to the defense of infringement by the subsequent user/recoder. This was brilliantly explored by @devlinhartline here:
copyhype.com/2013/08/why-co… 3/4
Of course, employed in a non-legal sense, we all have the “right” to do that which is not prohibited, but we should be very clear that fair use falls into this category—not a positive expression of rights as one might find in the Bill of Rights. 4/4 (End)

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