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Originally Posted by gideongallery
you have no exclusive rights unless you honor fair use
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So what exactly am I expected (by law) to do in order to "honor" fair use rights of my users, and where it is defined that by not doing so I invalidate my rights as a copyright holder?
If I'm not providing VCRs or DVRs to all of my users to record my shows, and a "cloud" storage to store all shows they want recorded, my copy rights do not exist anymore? What law says so?
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and even if you claim those exclusive rights they don't stop fair use.
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Of course they don't, because fair use rights are defined by law and do not depend on what I'm doing/not doing.
Same for my copy rights, they exist no matter what I'm doing - even if I'm sueing users that have obvious fair use rights and was laughed out of the court, that doesn't strip me out of my rights as a copyright holder.
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That by definition sets fair use above your exclusive rights.
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They way copyright laws are written, fair use exists only as long as it does not harm a copyright holder - which cannot be interpreted as a priority.
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what about a free host like angel fire would they be considered a publisher because they put ads around the content, or a host becaue they allow user to do the uploading.
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Since they operate the site where the material was posted (either automatically or not, does not matter) - yes they're publishers and thus fully responsible for what's posted at their site.
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IF the ads are what make them a publisher then your establishing publisher status to an automatic action of a machine. Again every host could be extended to that extreme so you are in the same boat.
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No, not ads make them a publisher - even if their service is ads free they should still be considered publishers, because they operate their site (have editorial policy, have full access to the admin interface, can add/remove materials from their site etc).
Their host is not a publisher because it does/owns none of the above.
Maybe even better definition would be - you're a publisher of anything what appears at the domain name you own. If it's your domain name, you're fully responsible for what's posted at it.
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So i would have to buy my free speach rights for thousands of dollars.
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What law says free speach should be free of charge?
And we're not telling about free speech there - it's fair use, a different story.
When it was established in the court that timeshifting is fair use, none of the courts ordered Paramount to send you $1K so you can buy one of those new Sony VCRs.
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Think about that the next time you say that fair use must PAY to be heard.
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Never did I say that ALL "fair users" must pay - those that are within the well known/established boundaries of the fair use can use free services.
And only if ALL free public service sites refused to host their materials because they're not sure if that's fair use or not, now they can go ahead and try paid host, and battle in court if sued.