Fair Use and DRM: Keeping the Baby out of the Bath HoleThe Library Journal notes that much of the publisher-driven push for DRM lockdowns are so intent on enforcing maximum enforcement of copyright restrictions that they are disabling one of the most important factors in content distribution: the ability to apply "
fair use" laws to such items. For example, under U.S. Code, fair use that does not infringe on copyright encompasses criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research. So not only a few seconds of a music clip gets clipped off in this debate, but much of the typical use of professional and consumer content to support value-add operations within institutions. Some universities and associations are pushing for user-oriented DRM standards and methods, but the business sector largely sits on its hands in this debate, expecting players such as Microsoft to sort out the issues - not realizing what productivity issues may be affected if fair use concepts are not easily and naturally incorporated into DRM standards. Professional content consumers need to take a more vocal stance in the DRM debate if they are to protect their institutions' long-term interests.
