Re: [PSUBS-MAILIST] Speaking of Kittredge...

[Marc de Piolenc <piolenc@archivale.com>]

I've been having this discussion for decades.

One of the key tests used by the courts to determine fair use is whether 
or not the copying harms the copyright holder. If the copyright holder 
is making no effort to make his work available, he cannot argue that he 
is harmed when it is reproduced by others. So no, the law doesn't 
explicitly require a copyright holder to keep his work on the market, 
but it doesn't lock that work up if the copyright holder doesn't keep it 
in print.

Many people and even institutions who ought to know better think there 
is an arbitrary, statutory limit to how much of a work can be copied 
under Fair Use. Not true. If copying the whole work passes the courts' 
four-point test, it's still fair use.

My copyrights pages is here: http://archivale.com/weblog/?p=527

Marc

On 5/6/2012 6:11 AM, Jon Wallace wrote:
> Well, no, that's a misinterpretation of fair use in my opinion. There's
> no encumbrance on a copyright owner to make their works available to
> anyone. Fair use is a concept, not a distinct set of rules, and
> therefore open to interpretation by a court. In general, fair use is
> accepted as meaning utilization a minor segment of a larger piece of
> work.
--
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