Re: "Fair Use"

From: Jim Macklin (p51mustang[threeX12)
Date: 06/10/04 

Date: Thu, 10 Jun 2004 07:36:58 -0500

You know that this is really a question for a law forum? 

-- 
The people think the Constitution protects their rights;
But government sees it as an obstacle to be overcome.
"kurttrail" <dontemailme@anywhereintheknownuniverse.org>
wrote in message
news:%23SO4q$tTEHA.3140@tk2msftngp13.phx.gbl...
| "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| copied is from a published work than an unpublished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!"
|
|

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