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Vance,
Rather than "excerpt" some portion, I thought I would provide
the whole article for background without inserting my own opinion. That
standard varies by topic.
There are other resources available online for those who
want to explore the issue farther if they're not worn out after reading the
Wikipedia article which is long enough itself.
Jim
In a message dated 5/6/2012 1:04:08 P.M. Central Daylight Time,
vbra676539@AOL.com writes:
Jim,
And your point?
Vance
-----Original
Message----- From: JimToddPsub <JimToddPsub@aol.com> To:
personal_submersibles <personal_submersibles@psubs.org> Sent: Sun,
May 6, 2012 1:48 pm Subject: [PSUBS-MAILIST] Fair Use
In a message dated 5/6/2012 12:38:24 P.M. Central Daylight Time, vbra676539@aol.com writes: Being a more-or-less full time writer, I come
down on Jon's side. My work is protected, even in its roughest form, by
copyright law. Use it at your peril.
Vance
-----Original
Message----- From: Jon Wallace < jonw@psubs.org> To:
personal_submersibles < personal_submersibles@psubs.org> Sent:
Sun, May 6, 2012 12:59 pm Subject: Re: [PSUBS-MAILIST] Speaking of
Kittredge...
Marc,
If your theory were correct I would not have prevailed in the case I
described. Copyright protects ownership and it doesn't matter if a
person publishes their work or not. It doesn't matter if the owner
makes the work available and then makes it unavailable. In fact,
licensing preserves a copyright owners ability to make work available
for a certain time and then stop a person from using that work if new
negotiations for a fee fail after the initial license term ceases. The
concept of abandonment does not apply to copyright. Even if it did, the
Kittredge plans have not been abandoned.
Realistically, using a whole work would easily be shown to be nothing
more than copying the work which is exactly what copyright laws were
created to prevent.
Jon
On 5/6/2012 11:10 AM, Marc de Piolenc wrote:
> 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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