The 'fair use' concept in the information society: intellectual property issues

摘要

The following comments on the "fair use" doctrine and other related intellectual property issues arise in the context of how to implement a "right" of universal access to information in a global knowledge economy. Such an economy leverages off, and places significant economic value on, the use of information (particularly digital). The appropriate use of information and communications technology ("ICT") has the potential to deliver massive benefits in terms of human development and to be a fast-track to knowledge-based growth. Unfortunately, the reality for the bulk of the world's population is that these benefits remain well beyond their grasp, with most ICT being concentrated in only a few countries. Furthermore, if knowledge-creation is seen as the key to human advancement, then access to information has a significance that goes well beyond economic gain. The reuslt is a tension between the economic opportunities to be gained from the new ICT that are driving globalisation, and the generic need for equitable access to information which is fundamental to human well-being and to addressing the digital divide between the information rich and information poor.