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rregardless of weather 1,000,000 people do it in their own home with a vcr or one person does it for a million people on youtube. Just because the medium change
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You're right it had nothing to do with the medium. It had to do with PUBLISHING - distribution. Under current law, if you spend $100,000 making a show and sell me a copy on DVD, I am allowed to make a backup copy of the DVD. I'm NOT allowed to make four thousand copies and distribute them. The law is, whoever wants a copy of your movie has to buy it from you, so that you might make your $100,000 back. Check wikipedia about fair use. Perhaps you think that I SHOULD be allowed to publish your content without permission, that's your opinion. That's not what fair use is, or ever has been.
Fair use had long been defined as certain use of portions of the material that are fair because they do not compete with your rightful sales of your material. The most common is using a short clip for commentary - it's fair to talk about a movie and use a ten second clip from the movie to illustrate the point. That doesn't compete with selling tickets or DVDs to see the movie.