ERIC Number: ED430225
Record Type: Non-Journal
Publication Date: 1998-Apr
Reference Count: N/A
The Interdependency of Fair Use and the First Amendment.
Herrington, TyAnna K.
The backlash against public access to information, coupled with misinterpretations of the relationship between fair use and the First Amendment, not only threaten educators' ability to access information for educational purposes, but create roadblocks for the public's constitutionally supported right to participate in democratic dialogue. The result is that all educators, particularly those who teach in networked classrooms, could face much greater restrictions to the information that provides the basis for learning simply because they choose the Internet as a means of access. The 1976 Copyright Act established that the "fair use" of copyrighted work for purposes such as criticism, comment, news reporting, teaching, scholarship, or research is not an infringement of copyright. The First Amendment's free speech protections ensure the free flow of information, but the copyright clause provides a limited yet exclusive statutory monopoly to authors, which allows them to control access to information. Fair use is the political core of the right to teach in its grant of access to intellectual work that forms the basis for the creation of new knowledge. The interdependent nature of fair use and free speech makes strong fair use protections necessary to a healthy First Amendment. (SC)
Publication Type: Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Copyright Law 1976; First Amendment