Re: Fair use?


Subject: Re: Fair use?
From: Tim O'Connor (oconnort@nyu.edu)
Date: Wed Jul 11 2001 - 18:25:18 GMT


On Wed, Jul 11, 2001 at 04:17:16PM -0500, Chris Kubica @Home wrote:

> Could this be legal fair use:
>
> http://www.collectedthoughts.com/quotes/ct0258b.html

I would think so -- it's a short excerpt from a much longer work, it's
not done to make money from the writer's work, and it's not going to
infringe on the ability of the writer to sell his work. So, I think
on all counts that it would meet the test of fair use.

Of course, we have no way of reading minds, and I can't imagine what
JDS and his representatives would say, and they may feel differently.
But I would guess that if the person who maintained this web page
wanted to fight it (and had the stamina and money to do so), he or she
would prevail. That's how it seems to me.

But I of course am no copyright lawyer, so this is just personal
opinion. I have a pointer at www.roughdraft.org/JDS/ to pages that
are at Cornell, which has a good legal archive about fair use issues
and other matters of copyright. It's actually quite readable
material, given that it's legal matter!

--tim

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