Re: Copyright & The New World Economic Order

On Wed, 11 Aug 1999, Robert Cumbow <rcumbow[_at_]grahamdunn.com> wrote:
>
> On Tue, Aug 10, 1999, Peter D. Junger <junger[_at_]samsara.law.cwru.edu> wrote:
> >
> > [...]
> > The rights that I recall from the various definitions of property
> > that I have seen include the exclusive rights to possess, and to
> > use, and to destroy the subject matter of the property, but I can't
> > remember coming across a naked right to exclude. (And anyway the
> > copying of a work involves neither the possession, or the use, or
> > the destruction of the work.)
>
> Very useful input ... except for the statement that "the copying of
> a work involves neither the possession, or the use, or the destruction
> of the work." Does anyone really believe that copying a work does not
> involve "using" it?

If I recall correctly, the Texaco decision focused on copies made systematically by a researcher who did not intend to use them immediately. His "just in case" thinking badly hurt Texaco's fair use defense.

Albert Henderson
Editor, PUBLISHING RESEARCH QUARTERLY
<70244.1532[_at_]compuserve.com> Received on Mon Aug 16 1999 - 12:46:00 GMT