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.
Matthew Wilsonthis is a nice video on P.T https://www.youtube.com/watch?v=K-85jO6nRNQ05/25/2015 - 11:57pm
Matthew Wilsonmaybe, but its still kinda sad even as a joke.05/25/2015 - 11:51pm
Goth_SkunkThe best commentary is delivered through humour.05/25/2015 - 11:36pm
Andrew EisenIt's not needed. It's a joke. Albeit one with quite a bit of commentary packed into it.05/25/2015 - 10:59pm
Matthew Wilsonmot game related, but still interesting. http://www.polygon.com/2015/5/25/8654983/jurassic-world-chris-pratt-apology the fact that this is even needed in modern culture is a embarrassment.05/25/2015 - 10:26pm
Matthew Wilsonyeah, but with no voice chat its doa.05/25/2015 - 9:48pm
TechnogeekYet, you're going to be hard-pressed to find anyone other than insecure 2EDGY4U teenagers seeing it as anything other than an extremely fun game.05/25/2015 - 8:36pm
TechnogeekSplatoon's probably the best example at this point. Gameplay-wise, it's a team-based third-person shooter with a significant online component. It's rated E10.05/25/2015 - 8:36pm
TechnogeekThe silliest thing about most of the Nintendo hatred is that they may be the last company that interprets "family-friendly" as meaning "fun for more than just the really young kids".05/25/2015 - 8:33pm
ZippyDSMleeWell it could be worse, like skyrim out of the box, a shame DAI dose not have that level of editing...05/25/2015 - 5:58pm
Zenpretty well without getting "nasty". Many people are disappointed in the decision and the about face on the status of the games development.05/25/2015 - 4:22pm
ZenEvery market has horrible people...but being like this towards all of them in a group is not a way to garner support and can make people more hostile towards you. Ironically his response was to someone that wanted to state a disagreement, but worded it05/25/2015 - 4:22pm
Goth_SkunkAs demonstrated by Ian's remarks, that 'market of possible fans' is apparently negligible.05/25/2015 - 4:18pm
Zeninformation while other versions had everything talked about openly.05/25/2015 - 4:15pm
ZenYeah, I've read through it and wanted to make sure I had it quoted correctly. I get there are issues, but this is horribly unprofessional and just burning a market of possible fans..many of which supported them and were waiting while getting little to no05/25/2015 - 4:15pm
Goth_SkunkOh wow. That's not even misquoted, he actually said that. Though for additional context in previous pages, he truly does not think highly of Nintendo console owners, and claims that in the industry, he's not alone.05/25/2015 - 4:12pm
ZenI also took a screenshot of the statement in case it is taken down (via my Twitter): https://twitter.com/zenspath/status/60293960536562483205/25/2015 - 4:05pm
ZenLink for my previous post - http://forum.projectcarsgame.com/showthread.php?27584-Project-Cars-Sales-figures&p=942776&viewfull=1#post94277605/25/2015 - 4:03pm
ZenProject Cars basically canceled for Wii U, Slightlymad Studios Head, Ian Bell, states "Yup, and if you need to pass this on, we really dislike Nintendo users" on Forum to Wii U players waiting for the game and disappointed in the news.05/25/2015 - 4:03pm
Goth_SkunkAnd now, a humorous gif. Oblivious Otter is Oblivious. http://i.imgur.com/zdUZOWo.gif05/25/2015 - 3:49pm
 

Be Heard - Contact Your Politician