Quote:
Originally Posted by travfar
I think you need to do some more research before jumping to your conclusions. If there is no fair use law, then why is it in the USCC aka the "law book"?
http://www.law.cornell.edu/uscode/ht...7----000-.html
Once again, the big determinate of fair use is the profit motive. |
Being a producer of some protected IP and having had the need in the past to discuss the matter with IP lawyers, I'm quite familiar with that citation.
That section of the law does not define fair use. It neither allows nor prohibits any particular use as fair use. It states that there are fair use exceptions, lists some general areas where fair use may apply, and lists some of the factors in deciding IF a use is fair use.
Whether a given use constitutes fair use is decided by the courts, not by that law.
And, as that very citation indicates, profit--any commercial impact-- is merely one of the factors to be considered, certainly not "the big determinate."