[thechat] Omigod the hatred...

javier velasco lists at mantruc.com
Sun Jan 9 10:22:15 CST 2005

Martin Burns wrote:

> On 9 Jan 2005, at 00:04, David Wagner wrote:
>> Second, the legal issue: although I can't speak for Madhu's position
>> as an Indian citizen, I can direct you to the U.S. "fair use" concept
>> within copyright law.
> Agreeing with your argument, however, on the above, despite the 
> disclaimers, could everyone please resist the urge to cite their own 
> local laws beyond its jurisdiction?

Having just completed a course on "Cyberlaw" that focuses precisely in 
these kind of topics, I can further clarify that the notion of "fair 
use" is not particular to the US, but internationally accepted within 
the Berne convention framework.

Fair use puts a limit to the control of authors, and is mostly intended 
towards encouraging education, but criticism is also considered an 
important factor in deciding if something can be considered "fair use", 
this is, it's OK to quote a portion of some work of authorship if its 
for the purpose of criticizing it.

Madhu's actions fall adequately within the boundaries of what is 
internationally considered fair use for the purpose of criticism, 
furthermore, his action does not produce damage to the original source 
of the picture, nor it is generating economical gain for himself... case 
closed ;)

I'm not sure if we should ignore the situation altogether or, jump as a 
gang to defend Madhu, I guess it would depend on the credibility of 
Asian Vegan (if they're not reputable, why care?).

..... as a sidenote, parody is also largely protected under fair use, 
this makes it legal for SNL to use protected trademarks and logos all 
over the show.


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