At 04:56 PM 12/14/2002 -0500, Every Man wrote:
>So is this true what he says about Fair Use? "Fair use of copyrighted
>material does not apply when the use "is of a commercial nature or is for
>nonprofit educational purposes". "
NO, it is NOT true.
Jassen is claiming to quote an "expert" but he does not identify who the
expert is nor the source consulted. If you look carefully at the portion
that Jassen has put into quotation marks, you will notice that it is merely
a clause taken directly from the statute (107). The other stuff (which was
added by either Jassen or his "expert") falls outside the quotation marks.
If you want to consult the words of a legal expert on this subject, might I
suggest the following, written by Justice Souter in his majority opinion
for a unanimous Supreme Court in the 2 Live Crew case:
"The language of the statute makes clear that the commercial or
nonprofit educational purpose of a work is only one element of the first
factor enquiry into its purpose and character. Section 107(1) uses the term
"including" to begin the dependent clause referring to commercial use, and
the main clause speaks of a broader investigation into 'purpose and
character.'"
"Although such transformative use is not absolutely necessary for a
finding of fair use, the goal of copyright, to promote science and the
arts, is generally furthered by the creation of transformative works. Such
works thus lie at the heart of the fair use doctrine's guarantee of
breathing space within the confines of copyright, and the more
transformative the new work, the less will be the significance of other
factors, like commercialism, that may weigh against a finding of fair use."
Campbell v. Acuff-Rose Music, Inc.
510 U.S. 569
Decided March 7, 1994
At 04:56 PM 12/14/2002 -0500, you wrote:
>So is this true what he says about Fair Use? "Fair use of copyrighted
>material does not apply when the use "is of a commercial nature or is for
>nonprofit educational purposes". "
>
>>X-Sender: jassenATmail.bright.net
>>Date: Sat, 14 Dec 2002 16:53:22 -0500
>>To: every.manATpressthebutton.com
>>From: Jassen <jassenATbright.net>
>>Subject: Fwd: copyright...
>>X-Loop-Detect: 1
>>
>>>Sure it is. You clearly don't understand the concept or definition of
>>>"profit", among other terms like "Fair Use." We can discuss this later.
>>
>>I quoted you an exert of the law on fair use-
>>
>>>Fair use of copyrighted material does not apply when the use "is of a
>>>commercial nature or is for nonprofit educational purposes". Please see
>>>USC Title 17: Copyright section 107 Limitations on exclusive rights:
Fair Use.
>>
>>Selling CDs is a commercial activity.
>>
>>Jassen
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