Quote:
Originally Posted by gideongallery
fair use is anything that meet the four point test listed under the act
timeshifting is the act that stretched it to it uppermost limits and established in court the only critical condition.
Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair: - The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
- The nature of the copyrighted work
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole
- The effect of the use upon the potential market for, or value of, the copyrighted work
1. sony sold the vcr for 1k so it was obviously commercial
2. the copy was an exact copy of the content broadcast
3. all of the work was copied
4. no sale was lost on the day the content was timeshifted too because the content was not available for sale on that day even though it potentially cost a sale months later when the show ran in reruns.
timeshifting failed on every one of those points except for the last.
All you have to do to determine if the concept of access shifting is a fair use under the law is to apply the 4 test. If it passes the last one, that really the only one that is important. Does it cost a sale at the time of the infringement.
And quite clearly it does not, just like the vcr and timeshifting.
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I have to disagree. On the last point you say that "No sale was lost on the day the content was timeshifted because the content was not available for sale on that day." But your 4 point test the criteria is: "The effect of the use upon the
potential market for, or value of, the copyrighted work."
po·ten·tial (p-tnshl)
adj.
1. Capable of being but not yet in existence; latent:
So if people download a movie today that is not being shown in their area they are not taking a sale away on that day. However, if 4 months later the company is now selling/renting the DVD in that area and they lose sales because people have already downloaded it then it fails the timeshifting criteria because the potential market has been damaged. If the company doesn't do as many pay per view sales or they don't get as much for first run cable or TV rights in that area because of the downloads then the downloads hurt the potential market.