Re: Is for-profit comment and criticism fair use?

On Thu, 12 Oct 1995, Charles McGarry wrote:
>
> Is non-profit intent really required to be fair use, or is it just a
> favorable factor? What about a book of movie reviews that uses an image
> from the film to illustrate each review? Fair use? The author and
> publisher intend to profit. But how is the filmmaker harmed? The market
> for the film may even be helped.

I seem to be under the impression that the issue isn't whether or not the defendant is making a profit, but rather whether that profit *displaces* earnings that are potentially proprietary to the plaintiff.

The tougher part, of course, is trying to determine whether or not those profits may be included in a forseeable "zone of expansion" in which one can fairly say that the "fair-use" displaces a market that although not currently exploited by Plaintiff, is likely to be.

This sound right?

Charles Glasser
NYU Law '96
<cjg6159[_at_]is.nyu.edu>   Received on Sat Oct 14 1995 - 15:15:38 GMT