Fair use, while theoretically protecting noncommercial uses, is practically ineffective because the costs of defending a fair use claim in court (tens of thousands of dollars) exceed the value of most noncommercial works, and insurance companies and production companies demand legal clearance before using content, making fair use a theoretical right that few can afford to exercise.

causalpending

Speaker

Lawrence Lessig

Evidence Quote

The carriers require a detailed 'visual cue sheet' listing the source and licensing status of each shot in the film. They take a dim view of 'fair use,' and a claim of 'fair use' can grind the application process to a halt.
Created: 7/13/2026, 4:53:43 PM

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