Re: [Videolib] An idea: reclaiming fair use statewide

Jessica Rosner (
Sun, 15 Oct 2006 19:13:20 -0400

Exactly. A state could just as well set up a law declaring that it was
exempt from all Federal Taxes.
Forgetting the illegality of it , it would have ZERO chance of passing
Can you imagine a state legislature passing a law allowing state
institutions to violate copyright of every major studio etc.
This is one of the sillier ideas I have heard.

For the record why would anyone even suggest this ? So that theater
departments get to do OKLAHOMA without paying, so that books can just be
copied and or posted on school web sites? Do educational institutions
really desire to violate and screw EVERY rights holder? While there are
issues about how best to deal with copyrighted material in a digital age I
can't imagine educational institutions would want to just violate the rights
of every writer. filmmakers etc and use their material without compensation
for any purpose they desired ESPECIALLY since most of these people publish
their OWN works and expect to be paid for them.

On 10/15/06 5:13 PM, "John Streepy" <John.Streepy@cwu.EDU> wrote:

> Hi All
> Just my thoughts, but due to the interstate nature of copyright, federal
> law most likely would override state law in this case. A state would
> not be able to set up anything that undermines copyright law, it would
> be like a state saying that someones patent did not apply in their
> state.
> jhs
>>>> 10/15/06 11:44 am >>>
> This posting by Brett Frischmann (Loyola University Chicago) on
> caught my attention. It's an idea he's in the very
> early stages of exploring:
> "Suppose a State determines that all uses of copyrighted materials by
> any state-owned educational institution serve a genuine and important
> public purpose and thus should be permitted without a license. Could
> the State implement statewide educational fair use? Could the State
> implement a copyright safe harbor for state-owned educational
> institutions?"
> <>
> [Crossposting]

Proud Resident of a BLUE STATE

Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018

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