Further Thoughts on Fair Use and the First Amendment

Cross-posted on the Copyhype blog. As a follow-up to my last post about why copyright is a right and fair use is a privilege, I wanted to respond to some of the issues brought up by people on the ‘net about what I had written. Let me start by saying that I understand that, normatively, […]

Why Copyright is a Right and Fair Use is a Privilege

Cross-posted on the Copyhype blog. One often hears the argument from copyright opponents that copyright is a privilege and not a right. Rick Falkvinge says that copyright is a “government-granted market-distorting privilege” that limits the property rights of others. Stephan Kinsella argues that copyrights are “grants of monopoly privilege by the state” that allow its […]