Fair Use Policies of Digital Contents: Some Observations and Recommendations

Abstract

In an era defined by rapid technological advancements and the widespread availability of intellectual properties, maintaining a balance between creator rights and public access is crucial. Copyright laws offer owners substantial protections, albeit with limitations that necessitate clear guidelines for permissible use. This study addresses the complexities of fair use and its intersection with defamation, proposing solutions and ethical considerations for digital content usage. Judicial applications of fair use factors, including derivative and transformational uses, illustrate their impact on legal outcomes. Additionally, the study examines contemporary challenges in digital platforms, emphasizing the evolving landscape shaped by law and technology. Insights from an experimental analysis using U.S. Copyright Office Fair Use Index data highlight consistent trends across jurisdictions and time periods. Finally, the paper discusses implications for copyright law in Bangladesh, advocating adaptive frameworks that accommodate digital advancements while upholding creators’ rights.