brighn
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response 135 of 219:
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Mar 14 17:51 UTC 2002 |
http://www4.law.cornell.edu/uscode/17/106.html
Subject to sections 107 through 121, the owner of copyright under this title
has the exclusive rights to do and to authorize any of the following: to
distribute copies or phonorecords of the copyrighted work to the public by
sale or other transfer of ownership, or by rental, lease, or lending;
Notwithstanding the provisions of sections 106 and 106A, 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.
(http://www4.law.cornell.edu/uscode/17/107.html)
The exclusive right of the owner of copyright in a sound recording under
clause (1) of section 106 is limited to the right to duplicate the sound
recording in the form of phonorecords or copies that directly or indirectly
recapture the actual sounds fixed in the recording.
(http://www4.law.cornell.edu/uscode/17/114.html)
So, Ken, do point me to where in the law it says, "... except for friends and
family." Maybe Twila would argue that it falls under "comment" as "fair use,"
but remember that fair use does not allow reproduction of an *entire* work,
only a portion:
In determining whether the use made of a work in any particular case is a fair
use the factors to be considered shall include the amount and substantiality
of the portion used in relation to the copyrighted work as a whole
(http://www4.law.cornell.edu/uscode/17/107.html)
[Code edited for ease of reading, but not altered. Original code available
at the links provided.]
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