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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ZippyDSMleeJim suggjested a pay what you want setup like humble bundel.04/27/2015 - 7:49pm
MontePerhaps they should just add a donation system for creators like the monthly pateron model. Only those who regularly make quality content can get compensated while those who would abuse the system are ignored04/27/2015 - 7:46pm
MontePaid mods is not a bad idea; i mean its only fair that makers be compensated and even better if they can do it full time. UNfortunatly there is too much that can go wrong and room for abuse04/27/2015 - 7:44pm
Andrew EisenYeah, working on that story now. Or rather, I'm working on finding time to write up that story.04/27/2015 - 7:40pm
Matthew Wilsonhttps://www.youtube.com/watch?v=Dll8eMJnTEE this crap is why sports fans and gamers dont get along. for love of god did I get sent back to 1995.04/27/2015 - 7:37pm
Matthew WilsonI do not think it will be the last time we see this. btw I am ok with paid mods.04/27/2015 - 7:10pm
ZippyDSMleehttp://www.pcgamer.com/valve-has-removed-paid-mods-functionality-from-steam-workshop/ 0_o04/27/2015 - 6:37pm
ZippyDSMleeMatthew Wilson:Humor and sarcasm sir.04/27/2015 - 6:36pm
Matthew Wilson@zippy there is no way they are going to merge with capcom becouse both companies are not in good shape. sony, Nintendo, and square are the only companies with enough money to pull it off in japan.04/27/2015 - 4:27pm
ZippyDSMleeCutesy name for motherboard. My 300$ mobo fried itself one night...04/27/2015 - 4:23pm
Andrew EisenNo problem. No idea what a mobo is but it's easy to overlook stuff in the Shout box.04/27/2015 - 4:18pm
ZippyDSMleeAndrew Eisen:Ah sorry, last 2-4 days I been dealing with a dead mobo then my new laptop came in trying to get it up to date and stuff transferred over....blag04/27/2015 - 4:16pm
Andrew EisenAlready linked about 10 shouts ago.04/27/2015 - 4:00pm
ZippyDSMleehttp://www.polygon.com/2015/4/27/8503893/konami-delists-itself-from-new-york-stock-exchange This just in Konami and Capcom merge so they can ignore more IP's.04/27/2015 - 3:50pm
E. Zachary KnightNot really. I think people are overly critical of other game projects. Delays should be expected and shouldn't be considered a major failing and worthy of the crap they get.04/27/2015 - 3:09pm
Matthew WilsonI agree that Double Fine gets off way too easy compared to others.04/27/2015 - 2:40pm
PHX Corphttps://twitter.com/Nibellion/status/592762131264733185/photo/1 a Transcript reguarding the Situation at Konami has been found(CEO Went Nuts over mobile and wanted kojima removed from the company)04/27/2015 - 2:25pm
E. Zachary KnightMatthew, delaying games has been amassive point of contention for games that raised a fraction of what Double Fine did.04/27/2015 - 2:14pm
Matthew Wilsonand yes they went way way over budget from what I read.04/27/2015 - 12:33pm
Matthew Wilson@AE if they cancaled it there would be massive outrage, but people tend to be ok with a delayed game.04/27/2015 - 12:32pm
 

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