Quote:
Originally Posted by kane
Sure. when you record 100% of a work onto your DVR you are making a copy for your personal use. When you upload 100% of a work you have recorded onto youtube you are then publishing and/distributing that work which you don't have the right to do.
|
that a circular proof and you know it, your right to do it is dependent on if the fair use is valid or not, you can't say it not fair use because you don't have the right to publish/distribute. Because if it is fair use then it is completely outside the scope of exclusive rights of the copyright holder and NONE of the restrictions exist
Quote:
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
|
what to point me to the section that says anything about personal use vs public use.
By definition commentaries are public. if you made a commentary that only you could hear it would be a commentary, it would be talking to yourself.
you said
Quote:
|
The reason is because you are wrong. One of the four conditions of fair us is: 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole;
|
being 100% was your justification for arguing it was not fair use, time shifting proves that not a valid justification
now your going back to a justification that doesn't exist in the list (like your bullshit number of seconds).