Re: Re: Litigation Exception

Gee, John. I didn't say it has statutory authority, or anything more than that it was of interest.... After all, "fair use" is supposed to be a general term, subject to degree and proximity, metaphorically speaking. The legislative history indicates one of the items Congress was considering as fitting into it. Use it as an argument.

Bob

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• Original Message ----- From: "John P. McNeill" <johnmcn[_at_]bellsouth.net> To: "CNI-COPYRIGHT -- Copyright & Intellectual Property" <CNI-COPYRIGHT[_at_]cni.org> Sent: Wednesday, August 24, 2005 2:55 PM Subject: [CNI-(C)] Re: Litigation Exception

> Of course, that is just what the legislative history says and not what the
> statute says. In fact, your quote from the House Report states that the
> examples are only the "sort of activities the courts MIGHT (emphasis
added)
> regard as fair use." There are some, Scalia among them, that would say
that
> if Congress wanted to adopt the legislative exception that you point out
in
> the House Report, then Congress would have put that language in the final
> version of the statute. In fact, many of the examples given are
enumerated
> in the statute: review or criticism, short passage in scholarly work,
> parody, news, and so on (of course even that enumeration is proceeded by
the
> "such as" phrase). But the statute itself does not mention legislative or
> judicial proceedings, and it very easily could have.
>
>
>
>
> -----Original Message-----
> From: CNI-COPYRIGHT -- Copyright & Intellectual Property
> [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of roberthelmer[_at_]charter.net
> Sent: Tuesday, August 23, 2005 6:45 PM
> To: CNI-COPYRIGHT -- Copyright & Intellectual Property
> Subject: [CNI-(C)] Re: Litigation Exception
>
> >>> Is there an exception to US copyright law that allows the copying
> >>> of
> copyrighted materials to be submitted to the court in the first place?
>
>
> The last clause below, from the legislative history of the copyright act
> would be of most interest:
>
>
> "The judicial doctrine of fair use, one of the most important and
> well-established limitations on the exclusive right of copyright owners,
> would be given express statutory recognition for the first time in section
> 107. The claim that a defendant's acts constituted a fair use rather than
an
> infringement has been raised as a defense in innumerable copyright actions
> over the years, and there is ample case law recognizing the existence of
the
> doctrine and applying it. The examples enumerated at page 24 of the
> Register's 1961 Report, while by no means exhaustive, give some idea of
the
> sort of activities the courts might regard as fair use under the
> circumstances: 'quotation of excerpts in a review or criticism for
purposes
> of illustration or comment; quotation of short passages in a scholarly or
> technical work, for illustration or clarification of the author's
> observations; use in a parody of some of the content of the work parodied;
> summary of an address or article, with brief quotations, in a news report;
> reproduction by a library of a portion of a work to replace part of a
> damaged copy; reproduction by a teacher or student of a small part of a
work
> to illustrate a lesson; reproduction of a work in legislative or judicial
> proceedings or reports....'"
>
> HOUSE REPORT NO. 94-1476 General Background of the Problem. (Pub. L.
> 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2546
>
> Bob
>
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http://www.dailyrotation.com
>
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>
>
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