Re: Coursepacks

On Wed, 24 Jun 1998, Robert Cumbow <cumbr[_at_]perkinscoie.com> wrote:
>
> As one of the dissenters in MDS insightfully pointed out, this is
> circular reasoning. It makes no sense to regard licensing revenue as
> part of the market for or value of the copyrighted work for the purpose
> of applying fair use factor #4, since if the use is fair, the owner
> would not be entitled to a license fee. Thus the majority view
> maintains that the copyright owner's entitlement to a license fee
> should be considered in determining whether or not the copyright owner
> is entitled to a license fee!

It may or may not be circular, but it certainly is conflating two different "products," namely the copyrighted work and licenses to reproduce the copyrighted work.

• Vance R. Koven * phone: 617-482-3852 *
• attorney at law * fax: 617-482-4972 *
• 20 Park Plaza Ste. 520 * net: vrkoven[_at_]world.std.com *
• Boston, MA 02116 * *

  ---