Klarinet Archive - Posting 000209.txt from 2009/02

From: Michael Nichols <mrn.clarinet@-----.com>
Subj: Re: [kl] Fair Use
Date: Tue, 10 Feb 2009 10:48:18 -0500

On Tue, Feb 10, 2009 at 4:55 AM, Martin Baxter <martinbaxter@-----.net> wrote:
> Surely the legal principle in civil cases like those of copywrite
> infringements is the necessity to prove that damage has been done to the
> copywrite holder.

Technically, they don't have to with copyright, as in some cases the
court can award statutory damages (if the copyright was registered in
a timely fashion). However, if the defendant raises the issue of fair
use or if statutory damages are unavailable, the question of whether
the copyright owner suffered any economic harm is of prime importance.

------------------------------------------------------------------
The 2009 Woodwind.Org Donation Drive is going on right now - see
https://secure.donax-us.com/donation/ for more information.
------------------------------------------------------------------