Re: copyright changes

On Sat, Jun 12, 1999, Lynn Winebarger <owinebar[_at_]indiana.edu> wrote:
>
> On Fri, 11 Jun 1999, Danny Shapiro <shapirod[_at_]ccmail.orst.edu> wrote:
> >
> > On Thu, 10 Jun 1999, Lynn Winebarger <owinebar[_at_]indiana.edu> wrote:
> > >
> > > uses - as was noted on this list earlier, always seeking permission
> > > inherently weakens the rights protected by fair use.
> >
> > Lynn makes an interesting point, what about Campbell vs Acuff-Rose?
> > Fair use after permission was denied by the publisher?
>
> Actually, it wasn't my point - I can't remember exactly whose it
> was, but it appeared on this list (I think) some time ago. And made
> a lot of sense to me.

Reflexively asking permission for uses that are fair weakens the fair use exception because it starts to atrophy in our minds. People stop thinking about it, stop gauging it, stop believing in it. Of course, no one knows for sure which uses are in fact fair, but that's all the more reason to keep struggling with the concept, to keep making the assessment. It's not all that different from maintaining a muscle.

Jamie Bischoff
bischoff[_at_]ballardspahr.com Received on Mon Jun 14 1999 - 13:26:49 GMT