In Fair Use It or Lose It, Donna discusses the differences in perspectives on fair use between Siva Viadhyanathan and Larry Lessig, both of whom she saw at a reading at Stanford. Connecting the dots with Siva’s Fair Use in (In)action, she closes with the following points:
I see four main avenues for attacking the problem:
Fair use it or lose it. This is, I believe, Siva’s main point, and it’s important: on a personal level, don’t give in to the fear-mongering. Don’t be the person who asks Siva, Larry, or Cory Doctorow whether you can make fair use of their books.
Use and advocate the use of Creative Commons licenses, not only to make work available but also to help people understand in a tangible way that they are entitled to legitimate uses of creative works.
Fortify the fair use gatekeepers. Provide as many resources as we can for faculty members, librarians, systems administrators, school officials, DMCA-takedown compliance officers, legal counsel, etc., to take a stand against the bullies — not only when push comes to shove and someone files a lawsuit, but in the small, everyday ways that cumulatively alter our perception of what constitutes fair use.
Support and advocate supporting legislation that seeks to turn back the tide by providing affirmative protection for traditionally legitimate activities.
She solicits thoughts, and I hope to have some to add beyond Larry’s perspective. Related: the chilling effect of librarians