Roy Kaufman, Managing Director, Business Development, Copyright Clearance Center (CCC), Intellectual Property Watch; In Defense Of Fair Use
"Copyright law, to be sustainable, calls for a balance. Under copyright
law, creators receive exclusive rights to allow or prevent others from
making copies of their works for a limited time as an incentive to
create. Users receive benefits from the results of the creator’s labor,
perhaps through watching, reading or listening to those results. Users
may also benefit pursuant to a license to use the works in other ways.
Eventually the works fall into the public domain, allowing further reuse
by everyone
Recent litigation involving a graffiti artist and a purveyor of
sportswear shows how sometimes a flexible mechanism for balancing the
copyright entitlements of creators and users makes sense. In this case,
clothier H&M used graffiti painted without authority in a public
park as backdrop for an ad. The case, as reported in The New York Times, asks “Does a mural painted illegally in a public park in Williamsburg deserve the safeguards of federal copyright law?”"
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