by Dave.
In these early days of the beginning of aggressive enforcement of the DMCA (see http://www.anti-dmca.org for examples) it is time for the public to stand up and demand that their "Fair Use" rights be permanently protected.
The following is the excerpt from the United States Constitution that established the basis for copyright laws in the United States:
Article 1 Section 8: ... "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."
I would propose adding the following amendment to the United States Constitution. I suggest calling this amendment "The Fair Use Amendment":
To further promote the Progress of Science and useful Arts, through research, education, enlightenment and dissemination, no law may restrict the non-commercial use of those writings and inventions protected by laws which have been enacted for the purpose of giving Authors and Inventors an exclusive Right to their respective Writings and Discoveries.
I believe that this simple amendment to the constitution would protect the various interests of the public from the "commercial intellectual property" mind set that has taken over our congress while still protecting a commercial market for creative works and discoveries.
If a creators work is being used to enrich another, the creator should be compensated. If a creators work is being studied, used as a basis for further work in the field or copied in such a way that the person facilitating the copy is not compensated, that activity should (in the interest of the public good) be protected as fair use.
The copyright bargain, as established in the constitution, is one between the creator and the culture at large. No creative work or scientific discovery is created in a vacuum. Creative people gain knowledge and education from those who came before them and thus they owe a debit to those who come after them. It is not unreasonable for a creator to be expected to allow their work to be examined, studied and critiqued by the very culture that contributed so much to the creation of that work. Just as it is reasonable for a creator to be compensated for the use of their creations when that use produces wealth for others.