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Posted by PTravel on 02/02/07 20:50
"timepixdc" <timepixdc@aol.comx> wrote in message
news:timepixdc-DD6380.04165702022007@news.lga.highwinds-media.com...
> In article <52epkdF1oels0U1@mid.individual.net>,
> "PTravel" <ptravel@travelersvideo.com> wrote:
>
>> That's, at best, an incomplete statement of the educational fair use
>> exception -- there's no blanket authorization to do this.
>
> From http://www.copyright.gov/fedreg/2006/71fr68472.html:
>
> "Based on the Registers review of the record, the case has been made
> for exemptions pertaining to the following six classes of copyrighted
> works.
I've explained this many times, so I'll do it here only briefly:
"Fair use," though codified by statute, remains an equitable doctrine
committed to the sole discretion of the trier of fact, i.e. the judge. The
statutory fair use factors are mere guidelines that must be considered, but
may also be ignored, in whole or in part, by the judge. "Educational fair
use" is a niche doctrine that has a number of prerequisites defined in
common law and, as a result, is intensely fact-specific. As such,
predictions whether any specific use will be an educational fair use
requires a complete disclosure of the circumstances of the use as well as
complete familiarity with the applicable corpus of decisional law.
This is not an area where lay people can safely make their own
determinations based on either the statutory language, or whatever material
they find at the Copyright Office.
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