Re: Net/Music "Fair Use" Issue - OnLine Guitar Archive Needs Help!

From: James Rogers <jetan[_at_]ionet.net>
Date: Wed, 6 May 1998 10:51:08 -0500 (CDT)

On 5/5/98, Lee Hamovitz <ldh[_at_]loop.com> wrote:
>
> When you write, "the effect of the use on the potential value of or
> market for the copyrighted work," does it matter if that effect is
> negative or positive? And is that question one for the court or the
> copyright holder to decide?
>
> In the instance of the guitar tabs, the tabs probably encourage the
> purchase of the recordings and sheet music. Guitar players learning the
> song have a motivation to purchase both. I would consider that a
> "positive" effect for the actual copyright holder.
>
> Does the copyright owner making money on the "infringement" affect the
> case. And, again, does an impartial third party decide this or is it a
> matter of whatever the copyright holder says?
>
> just curious & thank you,

     Very good question. Answer seems to be: it is completely immaterial whether the effect is benign or malignant. the fact that one spills over into their market should be enough. Of course, how this factor is resolved depends and how thin or coarse the courts decide to slice the defintion of "the market" (weakest part of the Acuff-Rose decison, in my opinion).

                                       James

James Michael Rogers
jetan[_at_]ionet.net Received on Wed May 06 1998 - 15:50:19 GMT