Klarinet Archive - Posting 000034.txt from 2009/02

From: Michael Nichols <mrn.clarinet@-----.com>
Subj: Re: [kl] Derivative Works
Date: Mon, 02 Feb 2009 16:13:26 -0500

On Mon, Feb 2, 2009 at 2:36 PM, Jonathan Cohler <cohler@-----.org> wrote:
> Show me a case.

Actually, that's the problem right there. There is no case (that I
know of) that says that the situation you describe would entitle the
defendant to a fair use defense. Fair use is almost always determined
on a case-by-case basis, as the statute doesn't provide a clear-cut
rule for when and to whom fair use applies. Even educators don't get
carte blanche when it comes to fair use--if they did, it would put
textbook publishers out of business.

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