Re: droit de suite

On Fri, 07 Apr 2000, Marty Hayes <9ball[_at_]hostsite.net> wrote:
>
> I tend to believe that the copying Lance suggests should be allowed
> would satisfy the "purpose and character" factor (to make the public
> aware of conduct/activities of the congregation or company that may
> influence their perception) , the "nature of copyrighted work" factor
> (as being true statements of the activities that occurred), and the
> "effect on value" factor (because the piece is not sold within or
> outside of the organization and doesn't have a *market* value). As
> you know from the Texaco appeal, prevailing on all four factors is
> not required, only prevailing on the majority of the factors.
>
> For those reasons, I made the statement that the qualifiers he is
> proposing would be unnecessary.

Yes, but being "fair use" may no longer be a defense, thanks to the Digital Millenium Copyright Act. Particularly in the CyberPatrol case, the fact that anti-copying technology is present might mean that no "fair use" is possible unless the holder permits it. THAT is one of the reasons I say copyright law has gone too far lately.

Lance Purple
<lpurple[_at_]netcom.com> Received on Tue Apr 11 2000 - 03:08:21 GMT