"Fair Use" of copyrighted material (Link recordings)

[NW Mailing List]

Lynn - you are referring to the concept of "Fair Use" in Copyright
law. It is not nearly as simple as you describe.

I am not a lawyer. I am not a lawyer. I am not a lawyer.  But I have
had an interest in this topic for a long time.

I strongly suspect that chopping a big hunk out of a Link recording
and posting it to YouTube would NOT be considered Fair Use. There are
MANY YouTube videos which have had their sound tracks blocked because
the video's author lifted a song from a contemporary musical
recording. If you look at the video (
www.youtube.com/watch?v=0YemLxH5Zks ) you will see a "flag as
inappropriate" button to the right of the "Share" button. A reason for
flagging must be provided. One of the justifications is "infringes MY
copyright" (emphasis mine) which means that only the copyright holder
has standing to request the removal. You or I can't request the
removal of the audio track. But the Link Estate (or whoever holds the
copyright) certainly could.

Recommended reading: http://en.wikipedia.org/wiki/Fair_use

- Marty Swartz

[ Lynn said ]

>

> Subject: Re: 1958 N&W Audiio Recording

>

> if you dont have the recording I suggest go buy it, there is also a rule in the copyright law that allows excerpts to be freely used as long as they are credited. The current publishers have the right to complain to have it removed, but if it gets free publicity and makes a sale...  that has always been my argument about things like this.

>

> -Lynn-