Linking and the GPL
cowan at mercury.ccil.org
Fri Oct 26 04:59:38 UTC 2001
Angelo Schneider scripsit:
> E.g. buying a Audio CD, burning copies from it and distributing them to
> friends is only fair use if you have less than 13 copies. That is a
> court ruling in germany.
But not elsewhere. The U.S. has much more liberal fair-use provisions
than most countries do, and is specifically a matter for case-by-case
determination by the court trying the infringement suit. There are
issues the court must, by law, consider:
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
But these are not the only factors the court *may* consider, and it is
explicitly encouraged to do a balancing act.
> Making a "derived work" falls fully under copy right law, there is no
> FAIR USE clause applyable to "derived work".
Not true in the U.S.: for example, an excerpt from a copyrighted work A
in a review or a scholarly work B makes B a derivative work of A,
but is (almost certainly) permitted by fair use.
John Cowan http://www.ccil.org/~cowan cowan at ccil.org
Please leave your values | Check your assumptions. In fact,
at the front desk. | check your assumptions at the door.
--sign in Paris hotel | --Miles Vorkosigan
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
More information about the License-discuss