requesting permission / fair use...

Hypothetical Case: Some one is wanting to use something protected by copyright in a clearly "fair-use" way (perhaps making one copy of one paragraph of a lengthy article to be read aloud in a classroom) but -- being a well brought-up person -- seeks permission anyway. The Publisher denies the permission request. The Requester decides to go ahead with the use and is subsequently sued by The Publisher for infringement.

Would the fact that the person requested permission -- and that it was denied -- have any bearing whatsoever on whether the use is or is not an infringement?

Would the fact that the person requested permission -- and that it was denied -- have any bearing whatsoever on whether the use is or is not an infringement if it was not as clear cut a case of "fair-use"?

In short -- can asking permission reduce the validity of a "fair-use" defense? I would think not since if a particular use is "fair use" the copyright holder doesn't have the authority to prohibit it... but if anyone thinks otherwise I am very very curious as to why...

	Cheers,
	Christopher

Christopher Gwyn
<christopher[_at_]icopyright.com> Received on Fri Mar 17 2000 - 23:23:00 GMT