Michael Snow wrote

Totally wrong. The entire basis for fair use is Section 107 of the Copyright Act. Fair use has no existence outside the concept of copyright. It is a defense that may be claimed if the user is accused of copyright infringement.

I was talking about the *use* of fair use materials. It can therefore be used more freely - the generic definition, not legal one, of 'public domain' (Alex and I got into a fight over this very issue). Fair use let's people use small parts of content owned by others in their own works. The copyright on the larger work does not affect the copyright of the fair use selection. Therefore the fair use work exists outside the framework of whatever copyright terms the larger work is under. Is that clear? I think we failed to communicate on that point.

-- mav

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