Quote:
Originally Posted by Ninjalawyer
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:
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I was all set to answer a post from you that said basically that what I said wasn't what I thought I'd said and it seems to have disappeared? Oh well.
I am well aware that what I consider to be a right or even what I consider to be right is not the ruling factor in the universe. It is merely my idea based on my standards of ethics and fairness etc. I often fall far short of these standards myself much to my dismay.
Still I would rather have these standards and fall short of them then rely solely on the precise lettering of the law in to govern my behavior or that of others. Most places I could take my dog or canary and simply shoot it because it was a nuisance and the law wouldn't care unless I tortured it first. Lots of bizarre or unjust laws in the world IMO although you may disagree.
On a moral note, Google does piously post takedown notices that it complies with so why exactly do you feel that they are entitled to a moral exemption, or do you?
I would be most interested to know what a fundamental or a moral right actually is and if it is an unchanging concept passed down through the ages. For centuries people could beat other people simply because in the eyes of the law they were chattels and this was considered by the chattel owners as a fundamental right. Still that way in some places and in the eyes of many people.
Not saying my standards are the 'right' standards, but I do feel that just because it is legal it is not always right.
Helen