The discussion of fair use above is getting a little off the wall. A lawyer isn't necessary to interpret fair use every single time someone wants to make use of that right; as with anything, there are some instances where a use clearly falls within the ambit of fair use, and then there are edge cases where it's far less clear.
speakingtohe, what you consider to be "right" and what is actually a right under copyright law don't entirely match up. At a fundamental level, you seem (feel free to correct me) to think an author should have absolute control over the uses that are made of their work; however, copyright provides only limited rights, and it is clear copyright is not a property right. Copyright is not a fundamental or moral right, it is a right completely created by statute and the common law.
Here's a quote to illustrate:
Quote:
The enactment of copyright legislation by Congress under the terms of the Constitution is not based on any natural right that the author has in his writings, for the Supreme Court has held that such rights as he has are purely statutory rights, but upon the ground that the welfare of the public will be served and progress of science and useful arts will be promoted by securing to authors forr limited periods the exclusive right to their writings. The Constitution does not establish copyrights, but provides that Congress shall have the power to grant such rights if it thinks best. Not primarily for the benefit of the author, but primarily for the benefit of the public such rights are given. Not that any particular class of citizens, however worthy, may benefit, but because the policty is believed to be for the benefit of the great body of people, in that it will stimulate writing and invention, to give some bonus to authors and inventors.
In enacting a copyright law, Congress must consider two questions: First, how much will the legislation stimulate the producer and so benefit the public; and second, how much will the monopoly granted be detrimental to the public? The granting of such exclusive rights under the proper terms and conditions, cofers a benefit upon the public that outweighs the evils of the temporary monopoly.
- H.R. Rep. No. 60-2222
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