On 4/3/06, Steven Jamar <stevenjamar[_at_]gmail.com> wrote:
>
Historically speaking, you are correct. However, the First Amendment is playing an important role in fair use. Eldred v. Ashcroft mentioned the relationship between fair use and the First Amendments in several places.
> 2. author control over how others treat their works is not censorship. I
> should be able to make the movie or write the book or paint the painting I
> want without being required to let others mutilate it. They can go create
> their own works in response if they so desire.
Here are examples where authors can prevent people from using their works if they exercise their moral rights: Parody, satire, destruction or mutilation of authors' works as an act of protest or political speech, using authors' works in ways to criticize their beliefs, ideologies and positions (think of Barbie doll or Ty beanie in dirty ways), bringing authors' skeleton out of the closet by exposing some passages from their very old works that they find very embarrassing.
> 3. the US version of freedom of speech is not the only valid, viable, proper
> approach to freedom of speech. it may not even be the best one world wide.
> it generally works pretty well in the US.
You are entitled to your personal opinion. I think that the U.S. version of freedom of speech is the best one in the world. I have not seen any other version that will be able to surpass it. Of course, that is my personal opinion.
> 4. Voltaire was French -- last I looked, that was in Europe.
That does not necessarily mean that France still follows Voltaire's thinking. It is pretty obvious that France has strayed from Voltaire's way. It is no wonder why so many movie producers stay away from France. What's more, France's moral rights are perpetual. That means that you can't even insult the descendants of Charles Dickens living there if you decide to modify the Christmas Carol to fit your agenda that they find objectionable.
Joseph Pietro Riolo
<josephpietrojeungriolo[_at_]gmail.com>
<riolo[_at_]voicenet.com>
Number of days left until 1-1-2019 when all knowledge of 1923 in the land of the U.S.A. will be freed from their copyright owners' prisons: 4,655
Public domain notice: I put all of my expressions in this post in the public domain. Received on Tue Apr 04 2006 - 07:30:02 GMT
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