Alejandro,
Part of the problem, at least in the US, is that "fair use" is not a
right; it's a defense, meaning you have to risk being sued to even
mention it.
A silly little video of mine was just taken down by EMI because I used a
recording of O Fortuna. I suppose EMI could claim that, because people
could consume the music via my silly video instead of just buying the
tune for $0.99 like I did to make the video, despite owning it on vinyl, I
really think that anyone who enjoyed the music would just spend the bloody
dollar.
EMI's issuing the take-down notice is not considered a legal document;
however, if I contest it using the fair use doctrine, my defense IS and
opens me up to being sued for a truly ridiculous amount of money.
Here's a fun bit of reading: The EFF's white paper on the 10 unintended
consequences of the DMCA:
http://www.eff.org/files/DMCAUnintended10.pdf
Judy
On Sat, 6 Aug 2011, Alejandro Tejada wrote:
Hi warren,
Actually, my dissapoint is with Sony Music Entertainment and their
insensitive
application of copyright law over fair use in this documental series
Look, I am not the only one. From the brainpickins page that you linked:
"Harmony continues here: 2, 4, 5. (Alas, Part 3 has been gobbled up by
copyright claims — even though the series is not available on DVD or in
any purchasable format. Such is the disposition of copyright Nazis — far
from merely ensuring that creators are compensated for their work,
they’d rather let a cultural artifact rot in obscurity than reach is
wide-eyed audience.)"
More info:
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-c.html
Hopefully, in a future, Mr. Goodall will replace these specific parts of the
series
and publish the whole documentary in DVD, with subtitles and alternate
languages,
Al
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