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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Papa MidnightAndrew Eisen: https://www.reddit.com/r/eyebleach (Seriously. If you ever need pictures of kittens, and the like).10/24/2014 - 3:58pm
Andrew EisenDammit, now I'm all depressed. I must find pictures of kittens.10/24/2014 - 2:38pm
MaskedPixelantehttp://www.businessinsider.com/shooting-at-pilchuck-high-school-in-marysville-washington-2014-1010/24/2014 - 2:15pm
Andrew EisenIn case anyone was wondering, Nintendo's eShop no longer does that "you don't make money until you've sold x units" thing. http://www.develop-online.net/news/nintendo-no-minimum-sales-needed-for-eshop-revenues/019921010/24/2014 - 1:52pm
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Papa MidnightI've seen glowing reviews for Bayonetta 2 so far.10/24/2014 - 1:17pm
Andrew EisenI'm not picking up Bayonetta. Today. Tomorrow's not looking good either. I'll get it eventually though!10/24/2014 - 12:23pm
Infophile@MP: No it doesn't. You're a terrible human being for completely unrelated reasons. (/snark)10/24/2014 - 12:15pm
MaskedPixelantePicked up Bayonetta 2, which according to Polygon means I am now a terrible human being.10/24/2014 - 11:58am
Matthew Wilsonofcourse not he did a video on the new civ game just yesterday.10/24/2014 - 10:32am
Papa MidnightYou think a bit of cancer surgery would keep The Cynical Brit from railing about bad PC ports? Not a chance! :)10/24/2014 - 10:15am
Matthew Wilsonmight be a bit soon only becouse he got out of cancer surgery last week, but ask his email is public.10/24/2014 - 9:56am
Papa MidnightHell, set up a Google Hangout or Skype call, and I'll be happy to join in.10/24/2014 - 9:34am
Papa MidnightBring Totalbiscuit on SuperPAC for Saturday!10/24/2014 - 9:32am
CMinerThere is no journalism/ethics concern that you've raised that would be made weaker by not raising it under the umbrella of GamerGate.10/24/2014 - 9:32am
CMinerNeo: You want to start some healing? Stop using the GamerGate hashtag. Even if you don't believe that it originated with harassers, you have to see that it's been irrevocably tainted by their actions.10/24/2014 - 9:31am
MaskedPixelanteGOG has a four day countdown to their next publisher. All hints suggest Disney, but no guarantee it'll be LucasArts.10/24/2014 - 6:58am
Neo_DrKefkawith a neutral party Moderating it. I've been waiting a long time for a GamerGate to happen but now all I want is the healing to start. Weird huh? Gamers don't need to be attacking gamers we should all be on the same side10/24/2014 - 12:39am
Neo_DrKefkaRight now from what I seen your tweet and the other guys tweet there are hard feelings. Until we start a dialogue with each other I think it will get worse before it will get better. I hope you guys work something out meet in a neutral stream10/24/2014 - 12:37am
Neo_DrKefkaThanks James. Even if a hot/hard headed person likes me thinks the public needs to sit down and discuss this together. We all might not agree right now but if the public does not start talking to each other we are not going anywhere.10/24/2014 - 12:36am
 

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