[free-sklyarov] Fair use "rights"

Karsten M. Self kmself at ix.netcom.com
Mon Aug 6 01:21:47 PDT 2001

on Mon, Aug 06, 2001 at 09:31:21AM +0200, David Haworth (david.haworth at altavista.net) wrote:
> On Sun, Aug 05, 2001 at 05:15:35PM -0700, Jay Allen wrote:
> > The second thing you may notice about this is that it does not confer upon 
> > the consumer any right, but instead a protection from any action 
> > (prosecution) under this statute.  Producers of copyrighted works are never 
> > under any obligation to allow you to sample, backup, copy, etc their work 
> > (as they are, by the way, in Russia), however, the law allows you to do so 
> > without fear of prosecution.  It's a fine point, I know, but it seems that 
> > there are no such things as fair use _rights_ or personal use 
> > _rights_.  Uses such as these are simply protected under a safe harbor 
> > provision.
> It seems to me that there's a bigger concept of "fair use" than the rather
> limited "defence to copyright infringement" that the AAP-extremists put
> about in their marketing BS.
> For example, when I buy a book there are many things that I expect to
> be able to do with that book, without restraint from the publisher or
> author. For example:
>  - I can read the book wherever and whenever I like, and as many times
>    as I like.
>  - I can lend the book to my friends
>  - I can give the book away when I've finished with it
>  - I can _sell_ the book when I've finished with it
> None of these activities infringes copyright, but they might all be classified
> under a broad umbrella of "fair use".

See "First sale doctrine".

Karsten M. Self <kmself at ix.netcom.com>          http://kmself.home.netcom.com/
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