13 Dec
2005
13 Dec
'05
2:01 a.m.
Chuck Guzis wrote:
Well, US Copyright Law and your father-in-law are in
substantial
I don't usually like disagreeing with people I admire and look up to, but I
suggest you actually read the Fair Use clause:
PER TITLE 17 - UNITED STATES CODE - SECTION 107
? 107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a
copyrighted work, including such use by reproduction in copies or phonorecords
or by any other means specified by that section, for purposes such as
criticism, comment, news reporting, teaching (including multiple copies for
classroom use), scholarship, or research, is not an infringement of copyright.
In determining whether the use made of a work in any particular case is a fair
use the factors to be considered shall include ?
(1) the purpose and character of the use, including whether such use is of a
commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the
copyrighted work.
However, if you're certain about your legal
position regarding Fair Use, why not drop a note to Microsoft and get their
okay?
The whole point is that you don't need to.
'Well, it's out of print,
so I can copy it"
False.
"It's for use in a school, so it's fair
use".
Depends on context, but mostly true. "...teaching (including multiple copies
for classroom use)...nonprofit educational purposes..."
"we're a 501(c)3 nonprofit, so we can copy
things freely".
False.
"We're a church doing the Lord's
work, so we shouldn't have to pay for music we use in worship services."
Now that one is just twisted :-) and obviously false.
US Copyright Law defines Fair Use rather narrowly and,
contrary to your
father-in-law's legal opinion, does not mandate that a copyright holder
demonstrate financial loss or harm from an infringement as part of a claim.
Obviously, but that doesn't mean they'd have a case.
With apology, I'll step off the soapbox now.
You're certainly entitled :-) But please see my valid points above.
--
Jim Leonard (trixter at oldskool.org) http://www.oldskool.org/
Want to help an ambitious games project? http://www.mobygames.com/
Or check out some trippy MindCandy at http://www.mindcandydvd.com/