"Fair Use"

From: kurttrail (dontemailme_at_anywhereintheknownuniverse.org)
Date: 06/10/04 

Date: Thu, 10 Jun 2004 07:41:49 -0400

"Fair Use"

> "Fair use is a copyright principle based on the belief that the
> public is entitled to freely use portions of copyrighted materials
> for purposes of commentary and criticism. For example, if you wish
> to criticize a novelist, you should have the freedom to quote a
> portion of the novelist's work without asking permission. Absent this
> freedom, copyright owners could stifle any negative comments about
> their work."
>
>
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/index.html)
>
"Unfortunately, if the copyright owner disagrees with your fair
useinterpretation, the dispute will have to be resolved by courts or
arbitration." -
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/index.html

The copyright owner doesn't get to decide what is & is not a "fair use."

>
> "Judges use four factors in resolving fair use disputes, which are
> discussed in detail below. It's important to understand that these
> factors are only guidelines and the courts are free to adapt them to
> particular situations on a case-by-case basis. In other words, a judge
> has a great deal of freedom when making a fair use determination and
> the outcome in any given case can be hard to predict.
>
> "The four factors judges consider are:
>
> 1.. the purpose and character of your use

Private non-commercial individual use.

"In a 1994 case, the Supreme Court emphasized this first factor as being a
primary indicator of fair use." -
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-b.html

Of course public commercial use is sometimes legally allowable under "fair
use." Private non-commercial use in the home would be the most flexible
form of "fair use."

> 2.. the nature of the copyrighted work

"In addition, you will have a stronger case of fair use if the material
copied is from a published work than an unpublished work." -
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-b.html

Not only published, but sold in retail stores as a commercial product.

> 3.. the amount and substantiality of the portion taken, and

Entire. The Supreme Court in 1984, when considering the taping of entire
movies on a VCR already concluded that individuals can copy an entire
copyrighted work as a "fair use."

> 4.. the effect of the use upon the potential market. "
>
(http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-b.ht
ml)

Non-existent since copyright owner was paid for the original copy by the
indivdiual, thereby has already gotten a "fair return" for the creative
labor of the author(s).

"The limited scope of the copyright holder's statutory monopoly, like
the limited copyright duration required by the Constitution, reflects a
balance of competing claims upon the public interest: Creative work is
to be encouraged and rewarded, but private motivation must ultimately
serve the cause of promoting broad public availability of literature,
music, and the other arts. The immediate effect of our copyright law is
to secure a fair return for an 'author's' creative labor. But the
ultimate aim is, by this incentive, to stimulate artistic creativity for
the general public good. 'The sole interest of the United States and
the primary object in conferring the monopoly,' this Court has said,
'lie in the general benefits derived by the public from the labors of
authors' . . . . When technological change has rendered its literal
terms ambiguous, the Copyright Act must be construed in light of this
basic purpose." - http://laws.findlaw.com/us/422/151.html 

-- 
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei!"

Relevant Pages

  • Re: Legality of OEM Win XP 1-2 CPU
    ... The copyright owner doesn't get to decide what is & is not a "fair use." ... the Supreme Court emphasized this first factor as being ... ultimate aim is, by this incentive, to stimulate artistic creativity for ... LOL! ...
    (microsoft.public.windowsxp.general)
  • Re: "Fair Use"
    ... The people think the Constitution protects their rights; But government sees it as an obstacle to be overcome. ... | The copyright owner doesn't get to decide what is & is not a "fair use." ... The Supreme Court in 1984, when considering the taping of entire | movies on a VCR already concluded that individuals can copy an entire | copyrighted work as a "fair use." ... But the | ultimate aim is, by this incentive, to stimulate artistic creativity for | the general public good. ...
    (microsoft.public.windowsxp.general)
  • Re: ATTN an MVP that is against the MS EUA
    ... >> be entitled to install Windows on more than one computer at the same ... > the word "it," is directly quoted from Supreme Court rulings! ... > So my interpretation of "fair use" as I understand it though the SUPREME ... the copyright owner does not possess the exclusive right to ...
    (microsoft.public.windowsxp.general)
  • Re: OT: Peterson Penalty Phase
    ... > the state prosecuting and not the victim. ... court via the presentence investigation report done by the prosecutor's ... The only purpose for having the victim or victim's family speak in court ...
    (sci.med.transcription)
  • Re: Legality of OEM Win XP 1-2 CPU
    ... >>Where in this statement do you see the Supreme Court limiting the ... > of a copyrighted work, including such use by reproduction in copies or ... Non-existent since copyright owner was paid for the original copy by the ...
    (microsoft.public.windowsxp.general)