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Originally Posted by raymor
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.
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you will notice that what you said i was allowed to do, also cost the copyright holder money
if it was illegal i would have to BUY a backup copy if my original ever got damaged.
Get it the lose of a revenue stream does not automatically invalid a fair use (re run ad revenue ..., etc)
If the revenue comes from extending the copyright monopoly to a monopoly on the medium
it is not copyright protected revenue.
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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.
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again you only have a right to control the revenue that comes from SELLing your content
if the revenue comes from extending your monopoly it not covered.
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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.
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bullshit
if that were true your backup example would not be fair use, that 100% copy of the content, without paying the copyright holder for that second copy.
look at the example i was talking about
"this is the best dance routine i have ever seen"
there is no way it cost viacom any of their original revenue, because the show is not on the air. (the only way the post was able to post it was to have watched the airing and recorded it).
The only revenue lost would be because of extending the monopoly control to a new medium (DVD over tube).
That exactly the same as previous fair uses (re runs over betamax, buying a replacement over backup, cd over mp3)