On 6/5/07, Ray Saintonge saintonge@telus.net wrote:
Bryan Derksen wrote:
Thomas Dalton wrote:
That's assuming that they are copyvios. The allegation that they were was never more than a phony excuse to justify deletion. At the very least, fair use doctrine would likely apply to the bulk of the material, and fair use is not copyright infringement.
A website made up entirely of copyrighted works does not constitute fair use. Fair use is for when you are discussing a work and wish to quote it to illustrate the discussion, or something similar, it is not for simple compilations of short copyrighted works.
Counterexample:
http://cyberlaw.stanford.edu/documentary-film-program/film/a-fair-y-use-tale
A short film explaining the concept of fair use that was cobbled together entirely from clips of Disney movies.
One could well consider BJAODN as an example of parody, in fact. :)
Disney's failure to sue should be taken as proof that this is indeed fair use. ;-)
Ec
The only reason they don't sue is probably the cost in the court of public opinion being greater than the immediate (and fleeting) monetary gain.