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JMJimmy
join:2008-07-23

JMJimmy to globus9991

Member

to globus9991

Re: CIPPIC is watching DSLReports

said by globus9991:

said by JMJimmy:

Edit: Re: Fair use... you can still upload 100% and have it be used for fair use. Lets say John Doe teacher wants to use a clip from a film, they download it from me, cut out the clip they need, use it and delete the rest.

Not sure about that, does not sound right, but I could be mistaken.

I'm not 100% on this one either, fair use is always tricky. However, if this were not the case, how else would someone like an educator get the clip without a) purchasing the film b) breaking the digital lock rules on a rental/library copy.
bt
join:2009-02-26
canada

bt

Member

Pretty sure fair use applies to however they use it (ie: distribution to a class), and wouldn't cover any acts on the part of the source they got it from.

So in the case of your example, the teacher would be fine but your action would still be copyright infringement. I think.
JMJimmy
join:2008-07-23

JMJimmy

Member

Normally I would agree, but Muzak supra applies. Using a piece of equipment (P2P Client) which is capable of infringement doesn't mean I expressly authorize the infringement. If I were to email Joe teacher a link to my file and say "here download it" that's express authorization of infringement. Being part of a swarm is a passive behaviour.