Re: [SLUG] music without guilt - legally

From: John Pedersen (john@jmp-systems.com)
Date: Tue Jul 29 2003 - 18:51:19 EDT


First, a QUESTION for EVERYBODY: I notice that there is a reluctance
to move this discussion over to SLUG-POL. Is that because of some
difficulty in subscribing to the list? I heard some comments about it
at the recent meeting. Is that a problem? Do we need to ask somebody
about it?

I have posted this reply to both lists. I am guessing that SLUG-POL
is where this discussion really belongs, or am I wrong?

>>Hmmm, that's hard to believe. If I didn't charge for it, I could
>>distribute a million copies of the latest hit CD? Sounds
>>interesting--where can I read about that?
>
>
> http://interviews.slashdot.org/article.pl?sid=03/07/24/1326224&mode=thread&tid=123&tid=126&tid=95&tid=99
>
> Question #7

Steve, thanks for that URL. Very interesting. I imagine that you are
hinging your opinion on the first of these four points:

" (1) the purpose and character of the use, including whether the
use is of a commercial nature or is for nonprofit educational purposes;

     (2) the nature of the copyrighted work;

     (3) the amount and substantiality of the portion used in relation
to the copyrighted work as a whole; and

     (4) the effect of the use upon the potential market for or value
of the copyrighted work."

However, I think these four points are considered all TOGETHER, to
determine "fair use". Kind of an AND function rather than OR;-) I
can't quite make the stretch to "if they don't charge, it's ok". Or
is there some other part of Question 7 that I'm overlooking?
Interesting stuff, though....

John

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