Here we'll explore the nexus of legal rulings, Capitol Hill
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innovation that creates -- and will recreate -- the networked world as we
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conflicts, technical architecture and innovation, the evolution of
copyright, private vs. public interests in Net policy-making, lobbying
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If you think the sentiment is a little oddly expressed, just wait until you watch the video. Go on, I'll be patient. It's ten minutes, but really worth your time.
The original posting of A Fair(y) Use Tale comes from the Stanford Law School's Center for Internet and Society. The creator... or should we call him collector? Professor Eric Faden of Bucknell University covers the basics of copyright law and fair use in the US, through a carefully assembled montage of snips from Disney.
Be sure to go back and read the FBI notice at the front, if you didn't get it the first time.
1. Chris Newman on May 23, 2007 11:16 PM writes...
The FBI warning is WRONG. Fair use is not infringement that is allowed anyway, it is a statutory carve out from the exclusive rights given to copyright holders and therefore does not constitute infringement AT ALL. The Stanford folks of all people should have that one straight.
2. Chris Newman on May 23, 2007 11:31 PM writes...
Likewise, later in the film they are wrong to say that fair use isn't a right, but only a legal defense. Read section 107 folks, it clearly states that fair use is not infringement. Just because procedurally it has to be raised in litigation as an affirmative defense doesn't mean it isn't a right.
And... I noticed that the music "Rose Leaf Rag" (S. Joplan 1907) Arranged by Rick Benjamin and performed by the Paragon Orchestra, was used with permission. I just want to know how the heck you track down some music that is 100 years old and get the permission to use ~it~?!?
There are two possibilities. One is that it's an ironic comment since the music is old enough to have been let into the public domain. Thus "by permission" since anyone has permission.
The other possibility is that you go to ASCAP, which does a remarkably good job of centralizing rights and requests and handles licensing through a centralized agency.
1. Chris Newman on May 23, 2007 11:16 PM writes...
The FBI warning is WRONG. Fair use is not infringement that is allowed anyway, it is a statutory carve out from the exclusive rights given to copyright holders and therefore does not constitute infringement AT ALL. The Stanford folks of all people should have that one straight.
Permalink to Comment2. Chris Newman on May 23, 2007 11:31 PM writes...
Likewise, later in the film they are wrong to say that fair use isn't a right, but only a legal defense. Read section 107 folks, it clearly states that fair use is not infringement. Just because procedurally it has to be raised in litigation as an affirmative defense doesn't mean it isn't a right.
Permalink to Comment3. Richard Salley on August 18, 2007 10:50 PM writes...
And... I noticed that the music "Rose Leaf Rag" (S. Joplan 1907) Arranged by Rick Benjamin and performed by the Paragon Orchestra, was used with permission. I just want to know how the heck you track down some music that is 100 years old and get the permission to use ~it~?!?
Permalink to Comment4. drwex on August 20, 2007 8:10 AM writes...
There are two possibilities. One is that it's an ironic comment since the music is old enough to have been let into the public domain. Thus "by permission" since anyone has permission.
The other possibility is that you go to ASCAP, which does a remarkably good job of centralizing rights and requests and handles licensing through a centralized agency.
Permalink to Comment5. elvis on July 12, 2009 1:26 PM writes...
Affirmative defense doesn't mean it isn't a right.
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