http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/ Engadget Comments for Know Your Rights: How does fair use work? http://www.engadget.com/media/feedlogo.gif http://www.engadget.com en-us Copyright 2012 Weblogs, Inc. The contents of this feed are available for non-commercial use only. Blogsmith http://www.blogsmith.com/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/Sep 21st 2007 8:12PMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/Sep 21st 2007 10:24PMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/Sep 21st 2007 8:33PMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/
Thank you.]]>Sep 21st 2007 8:33PMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/
I think I saw a piece on Boing Boing where someone actually explained fair use through the use of snippets from various Disney movies.

Either way, good stuff!]]>Sep 21st 2007 8:38PMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://youtube.com/watch?v=CJn_jC4FNDo]]>Sep 21st 2007 8:41PMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/Sep 21st 2007 9:03PMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/Sep 21st 2007 9:15PMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/
An ever-increasing number of unlicensed downloads are taking place in private homes all over the world. According to recent data, over twelve million people are simultaneously sharing 1.08 billion music, movie, and software files on the Internet at any given moment.

Imagine a person or child sitting down in front of a Television with a remote and selecting a few dozen channels or video on demand selections and finding out later that they have committed copyright infringement and are being asked to pay several hundred thousand dollars in fines. What makes this even worse is there is really no way to determine if a certain piece of content is appropriate for use, copyrighted or not, until the damage is already done.

A typical internet user does not build the internet applications, program the search engines, or manage the internet networks that they use. More could be done with these key elements of the internet to insure that standards are set that provide a higher degree of safety from copyright infringement or exposure to inappropriate content. We live in a society that requires people to wear seat belts; Why?, because they provide an additional layer of protection from unnecessary injury.

A national copyright and rating database could serve as a seat belt for the internet to protect users from injury as well. Copyrighted materiel could be registered along with an associated audience rating of the content allowing internet applications, search engines and network operators to establish national standards for digital rights management.
Now is the time for us all to work together to provide a level of protection from unnecessary injury and make the internet safe again for average citizens in their homes.

Thank you for your leadership in this important social and technological issue.

]]>Oct 22nd 2007 9:20PMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/index.html]]>Sep 21st 2007 11:24PMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/Sep 22nd 2007 12:01AMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/Sep 22nd 2007 10:43AMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/ For example: "back ups" -- as long as I don't give all my friends copies of these "back ups", they are for the purpose of protecting my personal media, but the DMCA often prevents me from making even private copies. Also, private exhibition of the media is allowed, but I can't sell tickets to the show, because that makes it no longer "private" (no matter how exclusive). Even for private showings, I often can't play it on multiple monitors in different rooms simultaneously, because the DMCA and related DRM restrictions prohibit me from using the technologies necessary for this type of viewing. I also can't put the media on a private web site, that can only be accessed by friends, even though I could easily go out to Time Square and raise a PMP playing the same media over my head, for every stranger there to see, because the first is obviously more "public" than the second??]]>Sep 22nd 2007 12:27AMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/Sep 22nd 2007 2:23AMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/
What is fair use? Any time you deny the copyright holder the ability to profit from their contribution will NOT be fair use, within the realm of reason. If you purchase a CD, you can not reasonably ask everyone else in your house to wear earplugs as you listen to it. However, if you distribute copies to your friends, they will not purchase the CD, which denies the artist the income from that sale.


Mr. Patel, engadget;
I'd like to see a brief article on licensing and IP. From what I've seen, the most confusing thing for people is that you don't actually "buy" the song, you're only purchasing certain rights from the copyright holder. Once there, most people understand that you can not give away rights that you don't have.]]>Sep 22nd 2007 3:10AMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/Sep 22nd 2007 12:45AMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/
As for your other point, there really isn't any other way for a claim of fair use to work. Fair use is defined as being an exception to the copyright of the author, so if someone says "You're infringing my copyrights!" you can say, "Nope! fair use!" and then show how the use is fair. The other alternative -- a presumption of fair use to be overcome by some showing by the copyright holder -- suffers from exactly the same problems in reverse, only the people getting shafted by legal fees would be small and independent authors. Since the purpose of copyright is to encourage creation, our system tends to skew such costs away from authors to create additional incentive. How else would you propose things work?]]>Sep 22nd 2007 2:05AMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/Sep 22nd 2007 2:35PMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/
I'm not taking exception, I'm pointing out the PRACTICAL result of the "case-by-case nature". It's EXPENSIVE to defend an action in a fed. district court. And certain plaintiffs will rely on this to take action against a defendant who could probably win, if they could pay to defend the action.

"As for your other point, there really isn't any other way for a claim of fair use to work."

Your phrasing "a CLAIM of fair use to work" avoids the issue. Section 106 says "Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights". This clear LIMITATION on copyright law could reasonably be interpreted as a right which content owner/plaintiff must overcome to make out a prima facie case of infringement. I did not say that is how it works. I'm merely responding to the ludicrous notion that it could not be any other way other then burden on defendant to prove.

Regards.

]]>Sep 22nd 2007 4:13PMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/Sep 24th 2007 1:56PMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/Sep 22nd 2007 2:21AMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/
Are you allowed to use Creative Commons photos that do not allow commercial use (as so many on Flickr are copyrighted) on blogs that have Adsense?

I see so many blogs that do this, but I have to assume that it's a legal gray area. I'd greatly appreciate if you could explain this.]]>Sep 22nd 2007 11:38AMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/
And the DMCA actually skews things toward a "prove me guilty" situation, since it enables people to upload or post things that violate copyright UNTIL they are asked by the copyright holder to take it down, rather than requiring them first to certify that they have permission to post the work. So the onus is placed on the copyright holders to scour the web looking for people who are stealing their work -- time better spent, IMO, creating new content for us to enjoy.
]]>Sep 24th 2007 2:02PMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/Sep 22nd 2007 2:52PMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/
It'd also be great to see a point/counterpoint - e.g. here's what the EFF has to say, here's what the RIAA has to say. Maybe even what the Copyright office has to say.]]>Sep 23rd 2007 11:19PMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/]]>Sep 25th 2007 12:03AMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/Oct 30th 2007 7:34PMhttp://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/http://www.engadget.com/2007/09/21/know-your-rights-how-does-fair-use-work/
This is such an important point. There are a ton of blogs that do nothing except post (through tags) copies of other people's photos. They don't check the copyright of the photo.

I found one today that had two disclaimers posted to acknowledge that "these photos don't belong to the blog owner." But there was one of my photos, posted along with the description that I entered on Flickr. I continue to be shocked at how misguided people are. This guy didn't even ask if he could use my "All rights reserved" photo on his blog.

I gave him a piece of my mind, but I know he's not going to stop. He's going to continue to steal photos and none of the other photographers will know about it.

By the way, I have an RSS feed of a Google search for links back to my Flickr stream. It helps me catch this kind of stuff when people link directly to my images. But it doesn't help when people just right click save as and host the image on their own site.]]>Dec 4th 2007 4:44PM