On 12/21/06, theProject wp.theproject@gmail.com wrote:
On 12/21/06, Anthony wikilegal@inbox.org wrote:
On 12/20/06, Guy Chapman aka JzG guy.chapman@spamcop.net wrote:
that one may not upload a small, low resolution line drawing of the USS Enterprise? without violating copyright?
No, it isn't. Fair use is not a violation of copyright...
According to what I understand, fair use is a defence for copyright violation -- thus it assumes that copyright violation has already occurred.
You're half right. Fair use is a defense for copyright violation. But if you successfully defend against a charge of copyright violation, it means the copyright violation hasn't occurred. Copying may have occurred, but not a copyright violation.
For an analogy, insanity is a defense for murder. And if the accused successfully defends against a charge of murder using the insanity defense, it means a murder hasn't occurred. Killing might have occurred, but not murder.
But don't take my word for it. Just look at Title 17, section 107, which encodes fair use into law: "the fair use of a copyrighted work[...] is not an infringement of copyright". Doesn't get any more clear than that.
Anthony