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Private companies and government agencies are now creating and tapping into vastly more data than ever before. These data flows include enormous amounts of personal information and raise questions about privacy and intellectual policy that could have profound impacts on our lives. While data collection and creation are nearly ubiquitous, the instruments of collection and analysis are often hidden in order to track more natural behavior. Recent revelations of massive governmental data collection offer the country, and librarians in particular, an opportunity to discuss and question the societal implications of "Big Data," and the policies that govern them.

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expressed in the Constitution, are barely relevant in an age in which both media companies and clever consumers enjoy unprecedented power over the use of works. Contents Introduction Political success, actual failure Effects on teaching and scholarship Opposition emerges and organizes The brilliance of real copyright Eldred v. Ashcroft Building a better system Conclusion The brilliance of real copyright All of these activists lament the erosion of the democratic safeguards that made American copyright such a brilliant and effective system and filled our libraries with books. Copyright can censor. It is a prohibition on what we may reproduce, quote, perform, and distribute. Through both statutes and the common law over the past 200 years, the copyright system developed four democratic safeguards that mitigated the potentially censorious power of its prohibitions: • The principle of fair use-at its base a legal defense against an accusation of copyright infringement. If you are accused of infringing, you