Re: Fair use defined (was: Re: Stallman Admits to Copyright Infringement)
Paul Serice <serice@bigfoot.com> writes:
> Is there jurisprudence on the specific topic of how the fair use
> exception relates to making personal copies?
One interesting precedent I know of. First, there is precedent that
you may make a tape recording of a musical album you own, for personal
purposes including reducing wear and tear on the album, more
convenient or portable format, and so forth. I assumes that the
freedom to make a personal cassette tape of a vinyl album would extend
to making a personal MP3 of a CD. Personal in the precedent excludes
making copies for other people.
> From the LaMacchia case and the "No Electronic Theft Act" of 1997 it
> seems there isn't much room left in criminal cases for anything but the
> statute. Do you know if that is true and if it is different in civil
> cases?
The rule for fair use is identical in both civil and criminal cases.
Criminal copyright infringement is a strict subset of civil
infringement: if an act of copying is criminal, then it is perforce a
civil infringement.
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