[Wikipedia-l] Re: What would Richard Stallman say?

Sat Feb 21 21:56:59 UTC 2004

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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