Fair Use of Literary Works in American Journalism: Right or Affirmative Defense?
Fair use and other copyright exceptions nowadays face a real prospect of extinction due to non-exclusiveness of digital rights management (DRM) and takedown notices based on Digital Millennium Copyright Act (DMCA). That is a huge threat for the freedom of speech and information. Therefore an important question resurfaces: fair use is a right (that must be respected by copyright holders) or a mere affirmative defense in litigation?