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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.

In his feisty opening statement, Franken said: "I worked for NBC for many years. And what I know from my previous career has given me reason to be concerned--let me rephrase that, very concerned--about the potential merger of Comcast and NBC Universal. The media are our source of entertainment, but they're also the way we get our information about the world. So when the same company that produces the programs runs the pipes that bring us those programs, we have a reason to be nervous.... You'll have to excuse me if I don't just trust their promises and that is from experience in this business." The former SNL star and entertainment industry insider-turned-Senator is dead on with his concerns. As Free Press--the media reform advocacy organization founded by The Nation's John Nichols, media scholar Robert McChesney, and current executive director Josh Silver-- points out, the merger would result in Comcast controlling one in every five television viewing hours. It would lead to fewer choices of what you can watch and how you can watch it. Those cable bills that continue to rise would rise even higher, and if you don't use Comcast you might have to pay a premium to get NBC's shows. There will be even less access to local and independent programming as Comcast would promote NBC's shows at their expense. And, finally, there's the even larger issue of concentrating power and limiting access to free public interest media.