Re: [PSUBS-MAILIST] Fair Use

["Scott Waters" <swaters@waters-ks.com>]

I think what the real thing happening here with the copyright discussion is exactly why our great country has so many lawyers. The laws are confusing and have loop holes. As a great business owner once told me "the person with the most expensive lawyer(s) will always win". Haha.
-Scott Waters 
Sent from my U.S. Cellular BlackBerry® smartphone

-----Original Message-----
From: Marc de Piolenc <piolenc@archivale.com>
Sender: owner-personal_submersibles@psubs.org
Date: Mon, 07 May 2012 08:44:09 
To: <personal_submersibles@psubs.org>
Reply-To: personal_submersibles@psubs.org
Subject: 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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