C
caver1
HeyBub wrote:
> caver1 wrote:
>>> You bought the medium, you did not but unfettered rights to the
>>> intellectual, creative, contents of the media. Ownership of the song
>>> or program or whatever's ON the media reside elsewhere. You may
>>> legally access this content only under the terms of a contract
>>> willingly entered between you and the creator (or his agent).
>>>
>>>
>>
>> There is no contract when you buy music or a
>> movie. There is only law covering what you can and
>> cannot do. The Media industry wants to take away
>> the fair use rights the law has given.
>> There are contracts with software but even those
>> cannot take away certain rights that the law has
>> granted.
>
> You really need to review the definition of "contract." I'll get you
> started:
>
> Contract = a binding exchange of promises that the law will enforce. Each
> contract must have a meeting of the minds and a consideration on the part of
> all parties involved. Some contracts must be written (sale of real property,
> duration of more than a year, etc. see Statute of Frauds), but the vast
> majority do not. There are usually three elements to a contract: Offer and
> acceptance, consideration, and intent to have the contract bound by legal
> constraints.
>
> When you "buy" software, the authors are OFFERING a product under terms and
> condition, you ACCEPT the offer by paying a CONSIDERATION, and the whole
> transaction is covered by (usually) the Uniform Commercial Code.
>
> The law may prohibit certain kinds of contract, and that's what you think
> "fair use" does. It doesn't.
>
> "Fair use" copying is available for:
>
> 1. Criticism,
> 2. Comment,
> 3. News reporting,
> 4. Teaching, or
> 5. Scholarship.
>
> That's it. Even then, each of these exceptions is constrained by nature and
> extent of the copying, commercial impact, and other considerations.
>
> There is no "fair use" copying of music CDs, software distributions, or
> other things we talk about here. Those events are covered under different
> laws (i.e., Audio Home Recording Act).
>
>
Fair use also covers time shifting and space
shifting. There are no contracts when buying
music, movies. All fair use decisions on are a
case by case basis. What on case is decided by
the court dose not mean that the next case is the
same so that decision may or may not apply.
The Beta max case fell under fair use not under
the home recording act.
fair use falls under limitations and exceptions
to copyright term in copyrite law. Which is
decided by the courts on a case by case basis.
Your list of five are guide lines that mention
some of the ways copyrited material can be used.
They are not listed in the law. There are others.
still a case by case basis.
The 4 factors in the law are
the purpose and character of the use,
including whether such use is of commercial nature
or is for nonprofit educational purposes
the nature of the copyrighted work
amount and substantially of the portion used
in relation to the copyrighted work as a whole and
the effect of the use upon the potential
market for or value of the copyrighted work.
caver1
> caver1 wrote:
>>> You bought the medium, you did not but unfettered rights to the
>>> intellectual, creative, contents of the media. Ownership of the song
>>> or program or whatever's ON the media reside elsewhere. You may
>>> legally access this content only under the terms of a contract
>>> willingly entered between you and the creator (or his agent).
>>>
>>>
>>
>> There is no contract when you buy music or a
>> movie. There is only law covering what you can and
>> cannot do. The Media industry wants to take away
>> the fair use rights the law has given.
>> There are contracts with software but even those
>> cannot take away certain rights that the law has
>> granted.
>
> You really need to review the definition of "contract." I'll get you
> started:
>
> Contract = a binding exchange of promises that the law will enforce. Each
> contract must have a meeting of the minds and a consideration on the part of
> all parties involved. Some contracts must be written (sale of real property,
> duration of more than a year, etc. see Statute of Frauds), but the vast
> majority do not. There are usually three elements to a contract: Offer and
> acceptance, consideration, and intent to have the contract bound by legal
> constraints.
>
> When you "buy" software, the authors are OFFERING a product under terms and
> condition, you ACCEPT the offer by paying a CONSIDERATION, and the whole
> transaction is covered by (usually) the Uniform Commercial Code.
>
> The law may prohibit certain kinds of contract, and that's what you think
> "fair use" does. It doesn't.
>
> "Fair use" copying is available for:
>
> 1. Criticism,
> 2. Comment,
> 3. News reporting,
> 4. Teaching, or
> 5. Scholarship.
>
> That's it. Even then, each of these exceptions is constrained by nature and
> extent of the copying, commercial impact, and other considerations.
>
> There is no "fair use" copying of music CDs, software distributions, or
> other things we talk about here. Those events are covered under different
> laws (i.e., Audio Home Recording Act).
>
>
Fair use also covers time shifting and space
shifting. There are no contracts when buying
music, movies. All fair use decisions on are a
case by case basis. What on case is decided by
the court dose not mean that the next case is the
same so that decision may or may not apply.
The Beta max case fell under fair use not under
the home recording act.
fair use falls under limitations and exceptions
to copyright term in copyrite law. Which is
decided by the courts on a case by case basis.
Your list of five are guide lines that mention
some of the ways copyrited material can be used.
They are not listed in the law. There are others.
still a case by case basis.
The 4 factors in the law are
the purpose and character of the use,
including whether such use is of commercial nature
or is for nonprofit educational purposes
the nature of the copyrighted work
amount and substantially of the portion used
in relation to the copyrighted work as a whole and
the effect of the use upon the potential
market for or value of the copyrighted work.
caver1
