Fair Use Creep Is A Feature, Not a Bug

Lawyers, scholars, and activists, including EFF, often highlight Section 512 of the Digital Millennium Copyright Act and Section 230 (originally of the Communications Decency Act) as the legal foundations of the internet. But there’s another, much older, doctrine that’s at least as important: Fair use, which dates back many decades and it codified in law as Section 107 of the Copyright Act. Fair use is, in essence, the right of the public to use a copyrighted work in a variety of circumstances, without the rightsholder’s permission. It’s why a reviewer can quote from the book they’re reviewing, a parody video can include excerpts from a movie, and security researchers can copy a software program in order to test it for malware.