• Law -> Intellectual Property and Copyright

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Does Fair Use encourage or discourage the creation of new original content, and why?

Kelcie Rosson

Well, as far as I understand it, Fair Use is supposed to encourage the creation of new original content by allowing people to use copyrighted material in certain ways without getting in trouble. At least, that's what I think it's supposed to do.

On the one hand, I guess you could argue that Fair Use encourages people to be more creative, because they know they can use other people's stuff as a jumping-off point. Like, if you're making a parody or a mashup or something, knowing you won't get sued for copyright infringement might give you more confidence to experiment. And if you're a youtuber or something, being able to use snippets of other people's videos in your own might help you create more engaging content.

But on the other hand, I can also see how Fair Use might discourage people from making new stuff. Like, if you're worried about getting sued or having your videos taken down, even if you think you're following the rules, you might be less likely to take risks or push the envelope. And if you're a content creator who's worried about other people using your stuff without your permission, Fair Use might make you feel like you have less control over your own work.

So I guess it depends on how you look at it. Personally, I think Fair Use is a good thing overall, because I like being able to use other people's stuff in my own creative projects. But I also know that it can be a tricky thing to navigate, and I can see why some people might feel like it's more trouble than it's worth sometimes.