Erik Norgaard
July 19th, 2008, 01:07 PM
IANAL, but this might be of interest:
http://www.centerforsocialmedia.org/resources/publications/fair_use_in_online_video/
Of course, this is informational only and as such cannot replace legal advice.
BR
Greg Quinn
July 19th, 2008, 09:51 PM
Erik, thanks for posting this. It's very interesting - hopefully if enough senior law figures help clarify something of a gray area like this, it will become clearer.
Unfortunately, there are various reported instances where record labels and/or studios go ahead and instigate legal remedies for what they consider copyright violation on works that they own, as is their right, even when used in situations as those described in the document. Therefore, it's not enough to be in the right, you also need the resources to defend yourself.
Greg
Shaun Roemich
July 23rd, 2008, 07:29 AM
Upon cursory examinations, the document in question seems to be VERY off base on a number of points with regards to the real world and appears to be a "wish list" of what the Fair Use criteria SHOULD be, positioning itself as a white paper on the actual legalities, with the usual "this document should not replace legal advice..." blah blah blah.
It's a very interesting discussion piece and thanks Erik for posting but I would encourage all who read it to NOT use the "information" contained therein as the letter of the law. The section on Fair Use is particularly troubling to me.
Rick L. Allen
July 23rd, 2008, 07:45 AM
Ditto! You'd get a visit from a lawyer if you did half the things "wished for" on this list.