10-09-2010, 02:47 PM
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Confirmed User
Industry Role:
Join Date: Aug 2007
Posts: 6,697
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Quote:
Originally Posted by gideongallery
so if in the 70 my dad popped in vcr copy of "soul train" showed his friends some guy dancing down the row and said that cat can really swing that ok, and protected fair use of commentary
but doing the exact same thing using a tube site, is somehow wrong.
WTF.
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You might want to brush up on what Fair Use means as I believe you are missing some key aspects.
http://en.wikipedia.org/wiki/Fair_use
Quote:
Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 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:
- the purpose and character of the use, including whether such use is of a 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; and
- the effect of the use upon the potential market for or value of the copyrighted work.
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