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Originally Posted by VGeorgie
You always get this wrong in the details. Copyright is a set of laws that provide for civil and criminal recourse against piracy, for which in exchange the holder allows the government to permit non-significant copying and reuse, in very narrow and well documented cases.
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copyright is the exclusive right granted to the creator by section 106 of copyright act.
other laws like the DMCA etc are not a copyright, they are the laws that govern the inforcement of a copyright.
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While the term "monopoly" is sometimes used to describe the rights holder's ability to restrict republication, the term is biased because the rights holder is the natural and bona fide legal owner of any creative output. There isn't a "monopoly" for any government to give, because governments can't give rights that are inalienable in the first place, only observe them. This includes rights of ownership to creative endeavor.
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the supreme court explictly declared copyright to be a monopoly 20 times in the betamax case
you might want to look at the case before you try and argue that copyright is not a monopoly.
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"The sole interest of the United States and the primary object in conferring the monopoly lie in the general benefits derived by the public from the labors of authors."
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http://supreme.justia.com/us/464/417/case.html
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Fair use does NOT supercede an exclusive right. Time and again you get this wrong. For one thing, the onus of establishing fair use is up to the defendant in a case, and most copyright cases are settled, leaving only minimal case law to go from. And even case law is narrowly constructed by the courts.
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seriously read the copyright act
because you don't know what your talking about