Re: [microsound] what about fair use (was: Decision on Web radio reached)

[david miller <damille@xxxxxxxx>]

what about fair use?
i don't recall anyone mentioning it.

here's a quote.
"§ 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;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the
    copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the
    copyrighted work. The fact that a work is unpublished shall not itself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."

does this come into play here - as far as webcasting goes?

david