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Date: | Sat, 26 Feb 1994 01:16:41 EST |
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For those who are interested, I have compiled a brief summary
of the current state of copyright law.
I think that since much of what is going on favors the
economic rights over the educational purpose it is in
direct contravention of the Constitution's provision.
But our rights and privileges are subject to the Court's
determinations.
Here goes:
CONSTITUTION OF THE UNITED STATES : ARTICLE I--THE CONGRESS
Section 8, Clause 8. Patents and Copyrights
To promote the Progress of Science and useful Arts, by securing for
limited Times to Authors and Inventors the exclusive Right to their
respective Writings and Discoveries;
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The "fair use doctrine" allows its holder "to use copyrighted
material in a reasonable manner without the consent of the
copyright owner."
The 1984 Supreme Court :
Sony Corp. of Am., Inc. v. Universal City Studios, Inc., 464 U.S.
417, 454-55 (1984) (holding that an individual's private,
noncommercial videotaping of copyrighted television programs
for purposes of "time-shifting" constitutes fair use).
The U.S. Code (17 U.S.C.) :
section 101 (1991). Copyright is vested in the original author.
section 201 (1991). As a general rule, newscasts are copyrighted
as compilations with the copyright owned by the producing broadcast
station.
section 106(1) (1991). "[T]he owner of the copyright has the
exclusive rights to do and authorize any of the following:
(1) to reproduce the copyrighted work in copies."
section 107. Limitations on exclusive rights: Fair use -- determination
of fair use includes consideration of four factors:
"(1) the purpose and character of the use ...;
(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."
The Supreme Court has held that the fourth factor "is undoubtedly the single
most important element of fair use." Harper & Row Publishers, Inc. v. Nation
Enterprises, 471 U.S. 539, 566 (1985).
A recent case : American Geophysical Union v. Texaco Inc., 802 F.Supp. 1,
1992, opinion amended and supplemented (Oct 26, 1992)
confirms and reinforces the idea that the economic factor is most important.
-------------- Hope this helps. Shari L. Rosenblum
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