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Current fair use law is hazy by design; instead of laying out specific use cases, the law relies on the famous "four factors" about the purpose of the use, the nature of the copyrighted work, the amount borrowed, and the effect on the value of the original work. This can be maddening in many situations, because it is impossible to know in advance if a particular use qualifies. On the other hand, it gives a fair use incredible flexibility to adapt to new circumstances like the advent of the VCR. But in the paragraph that comes just before the four factors, Congress did see fit to lay down a nonexclusive list of fair uses: "criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research." Is it time for more list items? The new Copyright Reform Act, proposed by Public Knowledge, would make a deceptively simple change to bring fair use into the 21st century-add seven words to this list. 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.

Video of Luge Crash raises interesting discussions about copyright and Fair Use. Google would not comment on the particular video but offered this general statement. "We approach each video individually, and we do not prescreen content. Instead, we count on our community members to know the Guidelines and to flag videos they think violate them. We review all flagged videos quickly, and if we find that a video does break the rules, we remove it, usually in under an hour." And, interestingly enough, regular TV broadcasters, with no licensing agreement with the IOC, are employing the fair use argument and airing the clip. Yet YouTube, and other online outlets are so terrified of the constant bullying from content creators that they're not going to take any chance and are taking the video down. In the end, nobody wins, people don't have access to the information, online video sites lose viewers and trust from their users and the IOC comes out as trying to hush up an unpleasant situation and (mis)using copyright law to do so.

Fending criticisms from multiple parties, Google once again made the case for digitizing millions of orphaned books before the U.S. District Court Southern District Court of New York, in a fairness hearing held Thursday. A total of 27 different parties requested to speak before the court. Five were in favor, including Sony, the National Federation of the Blind and the Center for Democracy and Technology. The rest -- 22 in total -- opposed the settlement, including Amazon, Microsoft, the Open Book Alliance, and the Electronic Privacy Information Center. Those in favor praised the idea of rendering hard-to-find books in electronic form, because they could be accessible to a much larger group of readers, and not be lost to the ages. The objectors, however, voiced strong concerns that the settlement case preempts U.S. copyright law altogether. Others voiced privacy and antitrust concerns.

"As Disney's Pixar prepares to release Toy Story 3 this summer, virtually every major toy maker -- including Barbie's Mattel Inc. -- has lined up to make dolls, action figures, construction sets, vehicles and board games based on the film. No fewer than 250 toys will begin appearing in stores before the movie's June 18 release -- three times as many as were made for Toy Story 2. And retailers are expected to clear shelf space for Buzz, Woody and pals, notwithstanding a recession that has slowed toy sales."

Viacom probably won't sue bloggers who post clips from their shows (like The Daily Show and Colbert Report), in spite of earlier reports that they intended to sue websites that made money on copyrighted material.

Broadcasting and Cable conducts a sit down interview with Steven Waldman, senior advisor to FCC Chairman Julius Genachowski, to discuss the Governments role in balancing old and new media. Subsidies and media industry economics are also discussed.

Discussion of Comcast and NBC Merger, including opening promises from Comcast to preserve local over-the-air broadcasting and increase programming for children and minorities.

Publishers, newspapers, and magazines are looking to create new apps for the iPad.