stevehodge at gmail.com
Sun Mar 1 22:49:26 UTC 2009
On Sun, Mar 1, 2009 at 10:28 PM, Eric Sharkey <eric at lisaneric.org> wrote:
> What we're saying in this discussion is that we think the terms requested
> by Hulu are onerous and as such we're going to treat their works using
> an "all rights reserved" license (i.e. no license). Fair use still applies
> as long as no redistribution or public performance or any other
> prohibited activity takes place, it's all perfectly legal.
My lay opinion is that this would not be considered fair use. USC 17 section
107 defines fair use:
"...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."
You're not doing any of that. You're simply seeking to avoid the conditions
the copyright holder wants to impose. Two of the factors that count against
you are that you're copying the entire work and that what you doing doesn't
either advance knowledge or the progress of the arts. On the other hand it
would be difficult to show an adverse effect on the value of the work since
Hulu are giving it away for free.
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