Fair Use

Written by Jim Schwab
Published September 04, 2002

See if you agree with me. Here are my views on fair use:


  • Software You buy a copy and use it on your computer. If you buy a new computer, you should be able to port it over to the new one. You are allowed to copy it as a backup, unless specific provisions for replacement in the event of damage are provided by the manufacturer. You are allowed to give it away or resell it, providing you no longer use it, i.e. I buy a game, play it through, delete from my PC and give the original discs to my friend or sell them on E-bay.
  • Books I buy a copy and read it, wherever I please, be it on my computer or in my living room, on a bus, etc. I can give it away or even resell it when I am finished. I am allowed to make a copy provided I still have the original in my posession and the copy is for my use only. If I sell or give away the book, I destroy, resell or give away the copy with it. The copy issue would pertain more to e-books than a traditional bound book, I would think.
  • Movies I buy a movie and can watch it wherever and whenever I please. If this means porting it to a different format, I am allowed, i.e. DVD to VHS (why, is beyond me, but some people might want to do this) or DVD to computer media formats, as long as I am the consumer of that copy. I cannot copy it and give away or resell the original. I can resell or give away the orignal, providing I also destroy, resell or give away any copies with the original.
  • Music Basically the same as movies. If I buy it, I can change the format for personal use. Since formats change in the music industry the most often, it is more important that my rights as the consumer are protected. I am able to port music from whichever format to whichever format I please. This means CD to Mp3, record to tape, record to windows media, etc. Any format change is allowed, as long as it is for personal use and not for giveaway. If I resell or give away the original, I must either include the copy or copies or destroy them.
In each case, I have bought the right to use the item. It doesn't really matter that the copyright belongs to another corporation or individual, I have paid for the right to be able to use that item. These types of entertainment are reusable for the consumer, so it is irelevant that I can change the format. I am still convered by the purchase of the right to use them. This right is also transferrable, be it by sale or giveaway.I also think it is good business to allow people to "try before you buy" i.e. shareware, sound clips, free chapters, etc. This is a little more difficult with movies, but since most movies are rented or seen at the theater prior to purchase, they've already been seen. But the "try before you buy" concept is not fair use, it's good business and completely at the discretion of the owner of the copyrights.I'm pretty sure the law doesn't encompass all of these points and the corporations that control the respective industries don't see things this way. I am not stating this as a matter of law, but of opinion on what should be.

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Fair Use
Published: September 04, 2002
Type:
Section: Culture
Writer: Jim Schwab
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Comments

#1 — September 4, 2002 @ 13:09PM — Eric Olsen

Jim, Sounds very reasonable, if anything overly scrupulous toward the copyright holder. Would that the holders and sharers meet in this middle. Good job.

#2 — September 4, 2002 @ 13:58PM — Kevin [URL]

You've missed a key part of Fair Use - the right to edit. You should be able to edit the video, music or book into a different work of your own. You should be abel to publish this edited work as long as you customers buy the source works too.

#3 — September 5, 2002 @ 00:12AM — Jim S [URL]

Kevin,

that's not necessarily indicative of the inent of the owner of the material's intent. The reality of this example is that the works are actually owned by other than ourselves. We buy a license to use the material, not to own it. That is actually what intellectual property rights are about.

You DON'T have the right to edit the material without permission of the owner. If you took Windows and modified it to your liking, it would still be Windows.

You are venturing into the "Open Source" theory of intellectual property rights, which I happen to be a fan of, but that's not representative of the overall corporate view of reality. I was trying to define fair use as it shoud be in regards to commercially available materials, not open sourced projects. They are a different animal altogether.

#4 — September 5, 2002 @ 10:45AM — Amber Nussbaum [URL]

Jim-

Great points. I agree wholeheartedly. Maybe some of us should get together and come up with an "Intellectual Property Consumer's Bill of Rights" and propose it to... someone. Heh.

Great post, though. I'm linking it tonight.

--Amber

#5 — May 4, 2006 @ 13:11PM — Marc McCune [URL]

This is more a question rather than a comment. We have recently had a question in one of the music groups to which I subscribe. The question is, if a CD which you purchased is stolen from your car, are you entitled to replace the music?

And the scenarios are:
1. You retain ownership of the CD case and literature, which was not stolen along with the CD, or
2. both the CD and the case were stolen.

What rights does the consumer retain in regards to the license they had purchased?

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