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To: babygene
I think it's fair use

So was her purpose education, or public service?

(N. B. Public redistribution of someone else's music does not qualify as "public service".)

33 posted on 09/09/2003 8:39:05 AM PDT by Physicist
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To: Physicist
"So was her purpose education, or public service?"

Try not to shoot from the hip...

A 12 year old kid listening to music or sharing it with her friends could very well fit into "free use".

See below:

Sec. 107. - Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -

(1)

the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

...Her use was clearly nonprofit, and to a kid, educational

(2)

the nature of the copyrighted work;

...work that is given away free on the radio

(3)

the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

...not downloading the whole work, just one song of an arangement

(4)

the effect of the use upon the potential market for or value of the copyrighted work.

...Since she would probably not be in a position to buy it, she did not effect the market

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors


So there!
47 posted on 09/09/2003 8:58:20 AM PDT by babygene (Viable after 87 trimesters)
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To: Physicist
Hmm. Ergo: If you own a CD, and lend it to a friend, you're breaking the law. If you rip the CD so that you can listen to it on your MP3 player, you're breaking the law. If you borrow Madonna's book "Sex" or a video of a Hollywood moviefrom the library ... can you really call that "education"?

Murky, murky waters, my friend. The law is not abundantly clear in these matters.

76 posted on 09/09/2003 10:06:36 AM PDT by austinTparty
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