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52 J. Copyright Soc'y U.S.A. 345 (2004-2005)
Debunking Fair Use Rights and Copyduty under U.S. Copyright Law

handle is hein.journals/jocoso52 and id is 399 raw text is: DEBUNKING FAIR USE RIGHTS AND COPYDUTY UNDER U.S. COPYRIGHT LAWt by DAVID R. JOHNSTONE* Meaningless, inconsistent, and inadequate statutory provisions, ambiguous, erroneous, and conflicting decisions cover the law of copyright with doubt, difficulties, and confusion. Some of the evils which result from these causes are but seeming ones, which disappear when explained, or lose their force when exposed. - Opening lines of preface to Eaton S. Drone's A Treatise on the Law of Property in Intellectual Productions in Great Britain and the United States (1879). INTRODUCTION The Dictionary of Misinformation wisely cautions that There is much misinformation about copyright.' This truth is as old as copyright itself, and it is bound to be with us for the long term. Although timeless mythol- ogy is not subject to copyright, copyright is susceptible to timeless mythol- ogy. Users of copyrighted materials are too often misinformed about the nature and boundaries of their prerogatives, vis-A-vis those of copyright owners. Will Rogers quipped, All I know is just what I read in the papers.2 Of course, there is nothing wrong with learning from the papers or other literary works (on the contrary, that is exactly what they are for), but such media are not immune to the hazards of inaccuracy on any subject, and sometimes they incorrectly report on the systems of copyright law that help to foster their very place in our society. Lately, misinformation about copyright law has not been confined to the popular press. It now infects any forum in which copyright matters are discussed, including classrooms, courtrooms, and congressional hearing rooms. tFor Harriette M. Turner (1909-2005) *A.B., English, Colgate University, 1992; J.D., The State University of New York at Buffalo Law School, 2001; L.L.M. (Intellectual Property Law), The George Washington University Law School, 2004. The author wishes to thank Ralph Oman, Eric Schwartz, and Shubha Ghosh for their helpful attention and advice and, last but not least, Heidi S. Johnstone for so much encouragement and moral support. 1 Tom BURNAM, THE DICTIONARY OF MISINFORMATION 54 (1975). 2 BARTLETT'S FAMILIAR QUOTATIONs 637 (Justin Kaplan ed., 16th ed. 1992). Debunking Fair Use Rights 345

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