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


 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
Goth_SkunkAs I said, Sad Puppies and GamerGate have similar ideologies, I don't dispute that. What I dispute is the notion that members of GamerGate and Sad Puppies are the same people.06/30/2015 - 1:09am
black mantaVox Day has openly stated his support of GG many times. And both they and the Sad Puppies essentially want the same things (i.e. purging video games/science fiction of SJWs whom they believe are threatening the genre.)06/30/2015 - 12:08am
Goth_SkunkHowever, The notion that GamerGate and Sad Puppies are the same perpetrators is preposterous.06/29/2015 - 11:24pm
Goth_SkunkIdeologically. Additionally, libertarians can be both left and right leaning, and as Allum Bokhari has shown, people supporting GamerGate overwhelmingly tend to lean left-of-center politically.06/29/2015 - 11:18pm
black mantaAlso, the quote from Vox Day there (as well as an advertisement for his books) just tells me all I need to know. And that GG and the Sad Puppies are connected.06/29/2015 - 10:49pm
black mantaIt is still a fringe group. If it is Libertarian (and i can see its Libertarian appeal) it leans more to the right side of it.06/29/2015 - 10:48pm
Goth_Skunk"GamerGate Came To Life When It Was Declared Dead" - http://ow.ly/OXOm806/29/2015 - 9:10pm
Goth_SkunkAnd, like the microtransactions in Mass Effect 3 and Dragon Age: Inquisition, completely optional and voluntary. http://ow.ly/OXIRH06/29/2015 - 8:12pm
PHX Corphttp://www.gamespot.com/articles/halo-5-guardians-dev-clarifies-how-microtransactio/1100-6428510/ Apparently 343's Smoking Something, They tried to Clarify the microtransactions side of multiplayer unaware that Microtransactions in $60 Games=BAD06/29/2015 - 7:54pm
MattsworknameGoth, add vox, polygon, and most print media to that list for me. Also, add msnbc to that list, as long as they have people like shults, matthews, sharpton, hayes and so forth, will not watch06/29/2015 - 7:33pm
Goth_SkunkThat's fair, I treat every article from 'The Mary Sue' in the exact same manner. As well as Polygon, Kotaku, and Gamasutra, to name a few others.06/29/2015 - 7:17pm
Infophile"www.breitbart.com..." and I'm done reading. Got better things to do with my life.06/29/2015 - 5:40pm
Goth_SkunkHarping On: The Hypocrisy And Lies of Twitter's Most Notorious 'Anti-Abuse' Activist, part 1 of 3: http://ow.ly/OXsfP06/29/2015 - 5:12pm
ZippyDSMleeGot another weapon finished up ^^ http://zippydsmlee.tumblr.com/post/122614396265/zippylabs-rushhour-automatic-poison-dart-gun06/29/2015 - 4:37pm
ZippyDSMleeI wish they would revive Shining Force as a decent Warcraft clone with TB option...06/29/2015 - 4:15pm
ZippyDSMleeFrom my genisis days the only other TBS I enjoyed was Sorcerers Kingdom and Warsong The only down side to Shining Force as a seriers they took out towns on the Sega CD ports and later games....06/29/2015 - 4:13pm
ZippyDSMleeE. Zachary Knight: Shining Force is awesome the aera damage done by mages,ect really make it shine. I miss that in ZOE:Fist of mars where there is no aera damage but you have a neat real time targeting system.06/29/2015 - 4:11pm
Goth_SkunkShaved my head for the first of many times in my life today. I refuse to bear a receding hairline: It's all-or-nothing for me with regards to my hair loss.06/29/2015 - 3:52pm
james_fudgeEZK: great game06/29/2015 - 2:51pm
E. Zachary KnightBack to my initial question, I started playing Shining Force 1. So far a pretty cool tactical RPG. I am looking forward to playing more.06/29/2015 - 1:27pm
 

Be Heard - Contact Your Politician