[opendtv] Re: MVPD and VOD; A Solution to Time-Shifting

John,

I think your memory let you down this time.  Education is a cornerstone of fair 
use.

John

http://www.law.cornell.edu/uscode/17/107.shtml

§ 107.  Limitations on exclusive rights: Fair use 

Notwithstanding the provisions of sections 106 and 106A [17 USCS §§ 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. In determining whether the use made of a work in any 
particular case is a fair use the factors to be considered shall include--
   (1) the purpose and character of the use, including whether such use is of a 
commercial nature or is for nonprofit educational purposes;
   (2) the nature of the copyrighted work;
   (3) the amount and substantiality of the portion used in relation to the 
copyrighted work as a whole; and
   (4) the effect of the use upon the potential market for or value of the 
copyrighted work.
 
The fact that a work is unpublished shall not itself bar a finding of fair use 
if such finding is made upon consideration of all the above factors.

----- Original Message ----- 
From: "John Willkie" <johnwillkie@xxxxxxxxxxxxx>

> However, fair use 'generally' provides for using short exceprts for 
> commentary, illustration, satire.  Education, IIRC, isn't part of that.

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