@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.”
“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 cdn.ca9.uscourts.gov/datastore/opin…
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
