Talk:Fair use: Difference between revisions

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imported>Stephen Ewen
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imported>Richard Jensen
(what's fair use?)
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:That Japan has "similar national laws" regarding fair use is simply wrong.  The Japanese legal system has no correlate to the four prongs.  Rather than creating principles that courts then interpret on a case-by-case basis, they instead have opted to create amazingly detailed laws on what is recognized as [http://www.cric.or.jp/cric_e/clj/clj.html Limitations on Copyright] in Japan.  In the same manner as other countries, however, their courts are frequently called upon to decide cases based ''upon that'' complex of limitations. ''Very'' few win.  —[[User:Stephen Ewen|Stephen Ewen]] [[User talk:Stephen Ewen|(Talk)]] 22:51, 26 September 2007 (CDT)
:That Japan has "similar national laws" regarding fair use is simply wrong.  The Japanese legal system has no correlate to the four prongs.  Rather than creating principles that courts then interpret on a case-by-case basis, they instead have opted to create amazingly detailed laws on what is recognized as [http://www.cric.or.jp/cric_e/clj/clj.html Limitations on Copyright] in Japan.  In the same manner as other countries, however, their courts are frequently called upon to decide cases based ''upon that'' complex of limitations. ''Very'' few win.  —[[User:Stephen Ewen|Stephen Ewen]] [[User talk:Stephen Ewen|(Talk)]] 22:51, 26 September 2007 (CDT)
::Thanks for the info on Japan, which I did not know. A legal protection that allows a person to do something is a right.  It is not true that fair-use material has to be "incorporated into" something else-- that is NOT on the 4 part list. For example, copying a news story onto the web for the purpose of elicitng commentary is fair use. [[User:Richard Jensen|Richard Jensen]] 23:20, 26 September 2007 (CDT)

Revision as of 22:20, 26 September 2007

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 Definition:  A limitation of United States federal copyright law providing that a greater societal good is achieved when limited material from copyrighted works can be used without prior permission of the copyright holder. [d] [e]
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 Workgroup categories:  Law and Library and Information Science [Categories OK]
 Talk Archive:  none  English language variant:  American English

The definition is radically problematic. It does not provide for the right under certain circumstances to copy by posting on the web or publishing, it provides a right for a defense for certain types of incorporations of copyrighted works into other publications without permission.  —Stephen Ewen (Talk) 22:29, 26 September 2007 (CDT)

That Japan has "similar national laws" regarding fair use is simply wrong. The Japanese legal system has no correlate to the four prongs. Rather than creating principles that courts then interpret on a case-by-case basis, they instead have opted to create amazingly detailed laws on what is recognized as Limitations on Copyright in Japan. In the same manner as other countries, however, their courts are frequently called upon to decide cases based upon that complex of limitations. Very few win.  —Stephen Ewen (Talk) 22:51, 26 September 2007 (CDT)
Thanks for the info on Japan, which I did not know. A legal protection that allows a person to do something is a right. It is not true that fair-use material has to be "incorporated into" something else-- that is NOT on the 4 part list. For example, copying a news story onto the web for the purpose of elicitng commentary is fair use. Richard Jensen 23:20, 26 September 2007 (CDT)
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