[Rumori] Academic use of film clips question (Tim Maloney)

[Tim Maloney]

Thanks, Ken and PAL for the info so far.  A few more questions:

On Jan 25, 2006, at 10:30 AM, Ken Freedman wrote:

> One thing to remember about Fair Use is that it is a legal defense,
> not a law or a statute that give you permission before the fact.

Well, it actually IS a part of US Copyright Law.  But what the hell,  
I'm no lawyer.  I see your point entirely.  It isn't a LICENSE to do  
anything .  One would have to barge into that DVD project and hope  
one can endure the onslaught of lawsuits.  And one would have to be  
pretty certain that your judge would see it your way.

Still, as PAL points out, how do you know this ahead of time?  The  
law provides for academic use - it clearly states this is OK to do.   
If the law cannot be used for a justification of your actions before  
you commit them, what use is it?

Or perhaps this is the crux of all the copyright reform we've been on  
about?  Stronger language/instruments by which we guarantee the  
rights of Fair Use?

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