[Sigia-l] Site Critique Permissions

[Ziya Oz]

"Tal Herman" wrote:

> With apologies to Ziya, the "crux" of the matter is not whether the
> infringer is "adversely impacting "the potential market for or value of the
> copyrighted work".  That's only one of four statutorily described factors in
> the 'fair use' determination.  You can lose if any one of the specified
> factors falls too far out of your favor.

The reason  I included a link to the US Code was to let people read for
themselves.

The reason I singled out subsec 4 is because that often is the most critical
one for successful litigation. People sue infringers, for the most part,
either for control or money over the IP.

'Commercial/nonprofit' of subsec 1 is pretty much immaterial for 'control':
you'll be pissed off if somebody abused your IP for intellectual reasons,
regardless of their 'commercial/nonprofit' nature. The nature of IP and
substantiality of infringement  (subsecs 2&3) are really a byproduct of the
arguments over control or money. For example, people don't sue *merely*
because the infringement was too long or was placed in a commercial outlet,
but because the effect of the infringement was loss of either control or
money.

In the end, subsec 4, the market impact, is the one opposing sides get to
argue about and where most of the successful litigants actually collect
money. That's why I said it was the crux of the matter.

Best,

Ziya