Copyright Doesn't Just Grant The Content Creator Rights
from the others-have-rights-as-well dept
Whenever copyright system supporters create "copyright guides," they seem to conveniently leave out the part that protects consumers rights as well. The worst cases are when the entertainment industry creates materials for schools to use to teach children about copyright, as they're almost always heavily misleading. But, sometimes everyday "guides" to things like copyright can be misleading as well. That's why it's good to see the folks at the Copyright Advisory Network fixing up and correcting a Reader's Guide to Copyright, that seemed to only focus on the rights of the content creator -- leaving out important rights of others, such as fair use and first sale rights.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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others-have-writes-as-well dept?
Wouldn't it be a copyright violation for them to take someone else's work and go "fixing up and correcting" it?
I do agree that if you are going to be putting out an instruction manual it should have a trouble-shooting guide, such as when the expected behavior doesn't apply.
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Re: others-have-writes-as-well dept?
Typo. Meant "rights." Oops. Fixed. Thanks!
Wouldn't it be a copyright violation for them to take someone else's work and go "fixing up and correcting" it?
It's commentary. That's fair use.
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Re: Re: others-have-writes-as-well dept?
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Re: Re: Re: others-have-writes-as-well dept?
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Recognizable characters and phrases
I provide for your reading pleasure:
http://novalis.org/cases/ET.html
In essence, the court decided that use of recognizable phrases or recognizable characters like E.T., is not only a likely infringment on copyright, but violates several other intellectual property protections as well under trademark law, commercial misappropriation,and so on.
(commentary excerpted from Google Ansers, user pafalafa-ga)
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Re: Recognizable characters and phrases
"Kamar manufacturers and/or sells a variety of consumer products, including porcelain drinking mugs. Sometime around August of 1982 Kamar began to promote and market certain merchandise, such as drinking mugs and pencil holders, bearing prominent inscriptions in the form of "I E.T." and "E.T. Phone Home!!""
Seriously, you need to stop posting and get back to class, your 10th grade teacher is going to miss you.
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Re: Re: Recognizable characters and phrases
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Debate the issues, not the posters. Playing "gotcha" is just crap.
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Re: Re: Re: Re: Recognizable characters and phrases
But you just did that in questioning the origins of the story. You didn't even debate the points in the story. In fact you play the "gotcha" card in most of your responses and only bitch about it when you can't argue anything else.
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False "Rights"
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Re: Trolls
FWIW, I would not call WH a troll. Truth is: *I* was trolling *him* with my comment (fairly successfully too I might add).
Trolling implies a certain capacity for irony, a self-awareness that one is posting an inflammatory comment for the sole purpose of getting a rise out of someone, preferably from just one or two people who are so wrapped up in their neuroses that they fail to pick up on what is obvious to everyone else: that the troll is a joke. For example see Boursy and the "Usenet Global Killfile".
I am under the impression that WH takes his or her self quite seriously, that would disqualify him/her as an accomplished troll in my books.
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Limitations on the scope of copyright are a far cry from the grant of a right to a third party. For example, fair use is not a right granted to a third party. Fair use (17 USC 107) is a limitation on the scope of a copyright, and not a third party grant. Thus, a third party who engages what Section 107 denominates as fair use is not liable to a copyright holder because the scope of a copyright grant does not include fair use. The same is true of first sale and other various matters. In each case they are not infringements because a copyright grant does not include them with the metes and bounds of the copyright grant.
Feel free to pick away by criticizing this comment as a lawyer's parsing of words, but all the criticism in the world does not change the fact that copyright law is limited to the rights granted a copyright holder, and not rights granted to third parties since there are no such rights.
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Rights
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Re: Rights
These sections define the "rights" associated with a copyright, and activities falling outside the scope of these "rights" are by definition non-infringing.
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Re: Re: Rights
All rights, any right, not just those created under Title 17.
Only by defining what IS a right, can we understand what is NOT a right.
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You are making assertions about rights under Title 17. It is entirely pertinent to ask for the definition of rights that you are using.
I am wondering if you believe that the only rights that exist are when the word "Rights" appears in a legal statute.
I am interested in discussing your assertion that "No rights are conferred to anyone else" but I am sure that the discussion will be more productive if we can arrive at an agreement on the definition of rights.
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Re: Re: Re: Re: Re: Rights
Perhaps you overlooked the title of the relevant article.
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As you point out: rights and who has them are at the center of the post and of your comments. It seems to me entirely reasonable to ask for your working definition of rights.
It seems very disingenuous and strange that you would avoid answering.
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WH seems to be stuck in the 10th grade
hahahahahahaha..... pot... kettle.... BLACK....
WH, I'm really sorry if your high school memories are scarred by a bunch of 10th graders who continually tormented and teased you, probably giving you an occasional 'swirley' and 'wedgie'. Most people are able to move beyond those trying times and realize that there is more to life than what happened to you in high school (although I have to admit I wouldn't mind being back in 10th grade about now, knowing what I know now of course). It starts to make sense though, I'm guessing that someone from the entertainment industry (or IP/Lawyer) 'saved' WH shortly after high school and gave him a reason to go on (this probably happened last year), and he has been their subservient little lap dog ever since.
I have no comment about the article (other than DUH...), I just like to play with the trolls, they can be so funny.
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Re:
The courts of our nation recognize fair use precisely because it is a statutory provision of our copyright laws. Hence, one who holds a copyright does not possess a grant that extends to fair use subject matter.
More basic, however, is that a copyright grant ends where fair use begins. Again, this limits the extent of a copyright grant; it does not grant a right to the public at large.
It is incorrect for one engaged in fair use to say "I have a right conferred to me by copyright law." It is correct to say "If what I am doing is governed by fair use I am not infringing an author's copyright."
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I am waiting to see what one of our anonymous cowards has to say about that.
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Who cares?
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