At 00:32 16/03/2001 +0000, Gervase Markham wrote:
> > It would appear that what I propose doing is both morally and legally
> sound,
> > and a legitimate endeavour to protect copyrighted material. The article
> > makes it clear that "fair use' is not a right granted by either existing
> > legislation or treaty
>
>It depends how you look at it. The Universal Copyright Convention
>(international law) makes specific provision for countries to create fair
>use rights as they feel appropriate - a well-designed loophole. Section
>IVbis:
>http://www.cni.org/docs/infopols/US.Universal.Copyright.Conv.html
>
> > but rather that it is an occassionally successful
> > defense of copyright infringement.
>
>That's definitely not true in the US and the UK, and I'd be very surprised
>if it was true in Canada. Fair use is not "how much you can get away with"
>but an established legal use based on the above part of international
>copyright law.
>
Actually its not quite that simple, US fair use is considerably more
liberal, some might say to the detriment of authors, than in the UK. There
is no hard and fast rule as to what is fair use, though there are
considerable precedents as to what is not fair use. Courts can uphold fair
use but they don't protect it, its certainly not a right in the same sense
as free speech, more like a privilege as in fair comment. A defence.
You can restrict access to copyrighted material (or even public domain
material if its held elsewhere as well), by whatever means you like. If
someone subsequently makes use of the material in a way that breaches any
agreement or licence (this is the whole reason for licences, copyright is
often a red herring), then the defence of fair use may be made, and
depending on the circumstances will or won't be upheld. Naturally, trying
to enforce a licence of use on public domain material will always fail, but
that's not to say a blanket licence or agreement couldn't cover access to
such material along with others.
Simon
>Gerv
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If I'd known I would spend so much time sorting and rearranging boxes
I'd have paid more attention at kindergarten
S.P. Lucy
