When Does Fair Use Go Too Far?

January 18, 2011 -

When does fair use go too far? That's a hypothetical question ask by a columnist over at the New York Times, who, after snapping photos from several home decor magazines and books at Barnes & Noble for a home design project (using their iPhone), wondered if he might be breaking the law.

So he turned to several experts on the subject including Julie A. Ahrens, associate director of the Fair Use Project at the Stanford Law School; Stan Liebowitz, a professor of economics at the University of Texas at Dallas and the director of its Center for the Analysis of Property Rights and Innovation; and Charles Nesson, the Weld professor of law at Harvard Law School and founder of the Berkman Center for Internet and Society. Their answers varied.

"The core issue here is that you are creating a copy of something rather than buying it," said Ahrens. "Is it morally incorrect? Maybe. But it entirely depends how much of the book you copy, and what you do with that copy, that would determine if it was illegal."

Stan Liebowitz, who spent years "investigating the economic impact of the Xerox machine on the publishing industry," said that copying books was more akin to music piracy: "When you’re talking about people making copies of things with their cellphones, it’s much closer to people making MP3s than people using Xerox copies of books. In the 1970s, everyone didn’t have a photocopier sitting in their home. Now everyone has a cellphone in their pocket that can easily copy anything."

Of course, no one ever copies a sample of an MP3, a movie, or a game.

Charles Nesson agreed that "documenting a book" bears similarities to pirating music: If people are taking a picture of a picture to take with them, then is it is exactly like the MP3 issue," he said. He adds that, for now, the question is unanswerable for now because the publishing industry doesn't go after individuals like the music industry has.

"I think the law and the draconian action of copyright holders will stay the way it is for a long time," said Nesson. "There’s change in the air, but it’s not a change that’s going to come very quickly."

Source: NYT


 
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MechaTama31Haven't been to GOG in a while. Their website reminds me of the old Zune software now...08/27/2014 - 6:01pm
Andrew EisenAlso, I know it's nitpicking but only ONE of the 21 movies on offer goes for $15. Four more are $10 and the rest are $6. But right now, all of them are $6 (except for two that are free).08/27/2014 - 3:22pm
E. Zachary KnightMasked, What are you talking about? I guess you never buy DVDs either?08/27/2014 - 3:21pm
Andrew EisenNot if they've hired more people.08/27/2014 - 3:13pm
MaskedPixelantePlus, now that they're negotiating movies, that's LESS manpower to negotiate true, pre-2000, non-console-port classics.08/27/2014 - 3:08pm
MaskedPixelanteNo rewatch value, once you've seen it there's no reason to rewatch it, and it's 15 bucks down the drain.08/27/2014 - 3:06pm
E. Zachary KnightIndie movies are a great start. They need a great distribution system too.08/27/2014 - 3:04pm
Andrew EisenEven if that were true, so what?08/27/2014 - 3:01pm
MaskedPixelanteYou do realize that there are going to be NO Hollywood movies on this service, right? It's all going to be indie documentaries and stuff like that.08/27/2014 - 2:56pm
Andrew EisenI think it's an awesome next step for GOG and completely fail to see why anyone finds it problematic or improper.08/27/2014 - 2:51pm
MaskedPixelantehttps://www.youtube.com/watch?v=t4ZGKI8vpcg My feelings on the latest GOG news.08/27/2014 - 12:47pm
Andrew EisenFalcon SNUB!!!08/27/2014 - 11:28am
E. Zachary KnightAh. Didn't realize Captain Falcon was from F-Zero. Perhaps they didn't want too much SSB cross over characters.08/27/2014 - 10:30am
ZenEZK they could easily just put Captain Falcon in (they are using his car anyways) and he would be the most recognizable character from the series for the anime, games, and Smash Bros.08/27/2014 - 9:42am
ZenMasked there are also the two from Animal Crossing that are going to be in it. I am wondering what they will do for the Excitebike level they gave a peek at.08/27/2014 - 9:41am
E. Zachary KnightDoes F-Zero really have a character that is recognizable that could be used? I would think the cars and tracks would be more recognizable.08/27/2014 - 8:55am
MaskedPixelantehttp://www.joystiq.com/2014/08/27/rockstar-lohans-gta-5-lawsuit-just-jonas-ing-for-publicity/ Rockstar releases the biggest "no duh" statement in the universe.08/27/2014 - 8:07am
MaskedPixelanteI'm just saying, they're giving us an F-Zero kart and an F-Zero track, but their crossover representative is Link?08/27/2014 - 8:00am
ZenMasked, not really sure what your are talking about lol. They will be giving a total of 6 characters, 8 vehicles, and 16 tracks...plus the Yoshi and Shy Guy sets if you get both packs. Not bad for about the price of a single CoD map pack lol.08/27/2014 - 7:02am
MaskedPixelanteSee the flaw here. Blue Falcon car, F-Zero themed track, and Link as a playable character.08/27/2014 - 6:46am
 

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