The National Broadband Plan and Copyright?
Tuesday, March 30th, 2010
The FCC’s draft National Broadband Plan is a lot to digest at one (or maybe even several) sitting(s). While the focus is on how to expand and upgrade broadband access in this country, there are some surprises as well. One of those is found in Section 11-D in which a suggestion is offered that there be Congressional action to take “legislative action to encourage copyright holders to grant educational rights of use, without prejudicing their other rights.” The impetus, it seems, is to make clear when educational uses are permitted. While Fair Use and other provisions of copyright law already permit many educational uses, it is not always clear when those provisions come into play. Lawrence Lessig once remarked that “your Fair Use Right is a right to hire a lawyer.” Not surprisingly, educational institutions are not anxious to make a mistake and so often forego using materials which they might have a perfect right to use but don’t want o take a chance on having to hire lawyers to assert that right. Stay tuned. The FCC’s National Broadband Plan is available at www.broadband.gov
The FCC’s draft National Broadband Plan is a lot to digest at one (or maybe even several) sitting(s). While the focus is on how to expand and upgrade broadband access in this country, there are some surprises as well. One of those is found in Section 11-D in which a suggestion is offered that there be Congressional action to take “legislative action to encourage copyright holders to grant educational rights of use, without prejudicing their other rights.” The impetus, it seems, is to make clear when educational uses are permitted. While Fair Use and other provisions of copyright law already permit many educational uses, it is not always clear when those provisions come into play. Lawrence Lessig once remarked that “your Fair Use Right is a right to hire a lawyer.” Not surprisingly, educational institutions are not anxious to make a mistake and so often forego using materials which they might have a perfect right to use but don’t want o take a chance on having to hire lawyers to assert that right. Stay tuned. The FCC’s National Broadband Plan is available at www.broadband.gov


