Brewster Kahle testifying to Congress as part of the Copyright Office Modernization Committee, September 28, 2023.
Fair use, the flexible aspect of U.S. copyright law, enables libraries to fulfill their public mission of providing access to knowledge, preserving culture, and supporting education and research.
Fair use empowers libraries, the web, news reporting and more. Digital learners depend on it. Journalists depend on it. Creators depend on it. Every person interacting with content on and offline depends on it.
In the current turmoil surrounding the Copyright Office, we must not lose sight of the importance of fair use. Recent writings about generative AI could substantially undermine fair use across a much broader spectrum, harming many, including libraries and the communities they serve.
I have served on the Copyright Office Modernization Committee because I want to try to help us all move forward in a constructive way. I hope that as we move forward, we are mindful of the long-term impact and avoid causing damage that extends far beyond today’s debates.
Libraries and readers need the same rights online as offline. We need fair use to play its role to protect those rights.