Klarinet Archive - Posting 000038.txt from 2009/02

From: Jonathan Cohler <cohler@-----.org>
Subj: Re: [kl] Derivative Works
Date: Mon, 02 Feb 2009 16:31:01 -0500

At 3:13 PM -0600 2/2/09, Michael Nichols wrote:
>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.

Fortunately, that's not the way the law works, once again.
Essentially, everything is legal until proven illegal in a court of
law. We don't need to find any case law to support the notion that
is fair use. If there is no case law to support the notion that is
not fair use, then likely it is fair use (especially given the fact
that is so clearly and explicitly spelled out in the fair use section
of the copyright law).

Innocent until proven guilty. Not responsible (in civil actions)
until proven responsible.

The onus is on the prosecution (there's that word again!) to prove
the case. Not the other way around.

Show me a case.

--
Jonathan Cohler
Artistic & General Director
International Woodwind Festival
http://iwwf.org/
cohler@-----.org

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