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Re: [PSUBS-MAILIST] Fair Use
The Wikipedia article is completely compatible with the lawyer Web site
that I found my info on, though Wikipedia gives more detail and has that
very good section on Common Misconceptions. The site that I used for
guidance caters to the publishing industry, and presumably is as good as
you can get without, as you say, getting snowed under with individual
citations and lawyerish you-know-what.
Of course, Fair Use is not the whole story. I actually rely more heavily
on the Library Exemptions because, unlike Fair Use, they are spelled out
in the statute rather than serving as rough guidelines for building case
law. They do, of course, have problems of their own (they're written by
politician, after all), like the absence of a definition for the term
"fair price."
The simple fact is that, because of constant government meddling,
copyright is in everybody's face, every day, so there have to be rules
of thumb or there is paralysis. My rules of thumb have worked for me in
my documents business for just under thirty years. Good enough for me.
Marc
On 5/7/2012 8:21 AM, JimToddPsub@aol.com wrote:
The article is very good for background, however not as good for drawing
firm conclusions. I'm sure someone could prepare a brief for various
positions depending on which cases they cite and in which judicial
district they were finally adjudicated. Precedent established in one
district is not necessarily binding in another. To a greater degree than
in most other legal issues, each case is dependent on circumstances that
can vary widely.
--
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