Quote:
Originally Posted by kane
This is very simple.
Timeshifting allows you to record a show you paid for to watch whenever you want. It doesn't give you the right to distribute/publish it.
|
bullshit timeshifting doesn't give you a right
record a show you paid for to watch whenever you want. It gives you the right
watch a show you
paid for whenever you want.
Quote:
|
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work .... is not an infringement of copyright
|
fair use is a blanket immunity,
none of the exclusive rights apply to fair use
timeshift allowed distribution namely the act of borrowing a friends tape to timeshift knight rider episode i missed because the power went out.
Why because PAID for the content thru my cable bill.
If you gave it to someone who didn't buy the cable, then your talking about infringement (on the part of the reciever, not the giver)
it the 4th condition not the third that important.
Personal use is smoke screen because the latter while being personal use is still infringement.
distribution is irrelevent because both examples constitute distribution.
Quote:
|
Fair use allows you to use part of someone else's content in specific ways and allows you to publish/distribute it. One of those ways is if you are making commentary on said content. It doesn't, however, give you express permission to use 100% of the content for this purpose. You have to take it on a case by case basis. If the whole of the content you are commenting on is a 4 second long video clip then using 100% of the content and posting a short 1 sentence long piece of commentary could easily be seen as reasonable. However, it would be very hard to say that posting a full 60 minute video and saying, "this is my favorite movie" as your commentary is legit fair use.
|
re read the law
it a blanket immunity declaration
if it is fair use, it not copyright infringement period
there is no graduated response (not based on quantity, not based on personal vs non personal, not based on distribution vs non distribution)
a 4 second clip could be infringement if the context of the use was not fair use
likewise a full 60 minute video could be fair use if the context met the conditions.