[linux-elitists] Limits on fair use

Seth David Schoen schoen@loyalty.org
Wed Jun 28 00:13:35 PDT 2000

Ben Woodard writes:

> I know none of you are lawyers but the DeCSS/DVD issue has had us all
> doing reasearch about the legal isses around copyright. From what you
> guys understand about the legal ramifications of the fair use
> exemption to copyright are these scenerios legal:
> Scenerio 1:
> I have a cassette tape version of an album that I bought at a music
> store from back in the days when you could music on something other
> than CD. A friend has a CD of the same exact album. If I dupe the CD
> is the duplicate an illegal copy?

Sure, why not?

> Scenario 2:
> I  believe that DVD  players will  play unencrypted  DVD's as  well as
> encrypted  DVD's (right?).


> Could someone   make a business where  they
> sold unencrypted versions of DVD movies.

Without the permission of the copyright holder?

Making and selling derived works is an exclusive legal right of a
copyright holder.

It doesn't seem that fair use would typically protect a business that
was adapting copyrighted material for pay.  Even making copies and
giving them away to others for free is now illegal, if the equivalent
market value of the copies exceeds a certain threshold.

Seth David Schoen <schoen@loyalty.org>  | And do not say, I will study when I
Temp.  http://www.loyalty.org/~schoen/  | have leisure; for perhaps you will
down:  http://www.loyalty.org/   (CAF)  | not have leisure.  -- Pirke Avot 2:5

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