Copyright Reform Act tries fixing fair use with seven words
The CRA is a new project from Public Knowledge, with much of the heavy lifting being done by the Cyberlaw Clinic at Stanford and the Technology & Public Policy Clinic at UC-Berkeley. While Berkeley's noted copyright scholar Pam Samuelson works up a new "model statute" for copyright law in the digital age, Public Knowledge hopes to make smaller interim fixes to copyright law that won't require the same dramatic reworking.
Instead, personal and noncommercial copying would gain the presumption of legality—but if copyright holders could show "either actual market harm or a likelihood of market harm," those uses would not be allowed. As Pam Samuelson notes, "ordinary personal uses, such as backup copying and platform-shifting, would be fair, but P2P file sharing would not be."2/18/2010