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 :

Poll

Will Code Avarice's Paranautical Activity make its way back onto Steam?:

Shout box

You're not permitted to post shouts.
Andrew EisenMarvel also shows it understands that once it leaks, it's out there and went ahead and officially released the trailer. https://www.youtube.com/watch?v=tmeOjFno6Do10/22/2014 - 9:36pm
E. Zachary KnightMarvel's response is the best.10/22/2014 - 9:31pm
Andrew EisenI'll be streaming some games tonight at 8p PST in preparation for Saturday's marathon. twitch.tv/andreweisen10/22/2014 - 9:30pm
Adam802http://www.cbsnews.com/news/3d-video-games-surprising-concern/10/22/2014 - 9:16pm
MaskedPixelanteI'm not sure how to feel about Ultron's mouth. I'm sure he has one in the comics, but this is getting dangerously close to Transformers "Optimus has a defined mouth and it looks super weird" territory for me.10/22/2014 - 8:49pm
Andrew EisenMarvel on the leaked Avengers 2 trailer: https://twitter.com/Marvel/status/52507165630662656010/22/2014 - 8:09pm
E. Zachary KnightI squeed like a little girl when I watched the leaked Avengers Age of Ultron trailer. So much awesome.10/22/2014 - 6:47pm
quiknkoldI have a problem with games that use a digit for sequals when clearly they can be called something else. Five Nights at Freddy's 2? Nonono. Its "Another Five Nights at Freddy's" or "Five Nights Week 2"10/22/2014 - 5:30pm
E. Zachary KnightExtra Credits has come out against GamerGate. https://www.facebook.com/ExtraCredits/posts/86104175727438610/22/2014 - 5:28pm
E. Zachary Knightis it really that hard to answer a question, that to me seems fairly straight forward? I ask, because I have asked a specific question now 3 times without an actual answer in the wastebook thread.10/22/2014 - 5:20pm
Andrew EisenFive Nights at Freddy's 2! Yay! https://www.youtube.com/watch?v=lVPONdZBh6s10/22/2014 - 5:07pm
Matthew Wilsonyou guys know he doesnt work for ea anymore?10/22/2014 - 5:02pm
WymorenceYou forgot having to open Unity through Origin too. :p10/22/2014 - 4:37pm
MaskedPixelanteUnity will now be licensed out half finished, with remaining tools to be sold back to you for 10-15 dollars a piece.10/22/2014 - 3:23pm
E. Zachary KnightNot a big fan of this news, but Unity3D's CEO is stepping down and John Riccitiello steps up. http://gamasutra.com/view/news/228384/Helgason_steps_down_as_Unity_CEO_and_John_Riccitiello_steps_up.php10/22/2014 - 3:06pm
MaskedPixelanteIt's probably extremism.10/22/2014 - 12:07pm
Matthew Wilsonthat being said, they are more likely to blame religious extremists than games.10/22/2014 - 12:01pm
Matthew Wilsonlets just hope they dont try to blame video games.10/22/2014 - 12:00pm
MaskedPixelanteOh joy, Ottawa's on lockdown, this is going to be a fun couple of days...10/22/2014 - 11:56am
MaskedPixelanteAnyone have any good text replacement scripts? I want one that can censor out Breitbart links.10/22/2014 - 11:35am
 

Be Heard - Contact Your Politician