When it comes down to photography and digital arts, it becomes a bit more difficult (I graduated on this).
Actually the same is true for writing, at least in German law. It's called the "collage"- principle. (I'm qualified to work as a judge/lawyer/public prosecutor, having specialized in European and international law *g* - lawyers lurk everywhere, hehehe).
The problem arises is once you make it available for others and post it thusly for others to download or use, then you are in 'trouble'.
Having studied Fair Use I still think that mose fandom actvities (which are, - as a rule - not uploading and redistributing the complete texts/movies in torrents) would have a good chance to be considered as Fair Use. After all, there are several factors that need to be considered for that decision, and the two most important factors are probably the money & the market factor. (And they'd need *proof* for the impact on the market...)
But considering their methods and how easy it is for big money and powerful companies to intimidate the individual fan I think it will be a long time until the legal aspects of fandom related activities are really clarified.
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rosecarmine
(no subject)
Date: 2006-10-04 11:45 am (UTC)Actually the same is true for writing, at least in German law. It's called the "collage"- principle. (I'm qualified to work as a judge/lawyer/public prosecutor, having specialized in European and international law *g* - lawyers lurk everywhere, hehehe).
Having studied Fair Use I still think that mose fandom actvities (which are, - as a rule - not uploading and redistributing the complete texts/movies in torrents) would have a good chance to be considered as Fair Use. After all, there are several factors that need to be considered for that decision, and the two most important factors are probably the money & the market factor. (And they'd need *proof* for the impact on the market...)
But considering their methods and how easy it is for big money and powerful companies to intimidate the individual fan I think it will be a long time until the legal aspects of fandom related activities are really clarified.