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General Moto | Off-Topic Posts
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[QUOTE="DieselTech, post: 1235523, member: 74999"] Correct. My point is this: don't be a hypocrite. Don't imply (that's what you did, Indy) that I'm attempting to violate copyright law, when you are also possibly violating trademark (copyright) law. It's not your logo; it's not my video; neither of us is any more right or wrong to "use" either of these sources of "media" than the other. I'll bet everyone has violated (technically) the copyright law at some point in their lives, and didn't even know it. Here's some material I found concerning this: [I]Copyrighted materials must be "original works of authorship." Original works of writing, music, film, technology, and other creative areas are "intellectual property" that people own and may copyright. Copyrighted works must be recorded in a "fixed" medium. This can be a printed document, audio recording, video, film, or other medium. Although no one may copyright facts or ideas, authors may copyright their expression of them. Once people record their original works in some "fixed" medium, the works are automatically copyrighted. For enhanced protection, creators may register their works for a small fee at the U.S. Copyright Office. Currently, the law sets the length of most copyrights to the lifetime of the author plus 70 years (a total of 95 years for movies). After that, the work goes into the public domain and anyone may copy and distribute it. Copying or distributing copyrighted work without permission is called "copyright infringement." The copyright owner may sue an infringer in civil court for lost sales and other money damages. In addition, the government may prosecute infringers in criminal court for violating U.S. copyright laws. [B]Courts have long recognized a "fair use" exception to copyright law. For example, over the years courts ruled that individuals may copy limited amounts of copyrighted material for critical reviews, news reporting, research, and teaching. Congress wrote the concept of fair use into the 1976 Copyright Act. Congress noted that no clear definition of fair use is "possible, and each case raising the question must be decided on its own facts."[/B] The law gives courts four factors to consider in determining whether something is fair use: (1) The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes. (2) The nature of the copyrighted work. (3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole. (4) The effect of the use upon the potential market for or value of the copyrighted work. [/I] Indy, pay particular attention to the bolded text. IF CBS were to take me to court for violation of the copyright law, and I explained the circumstances - that it was a publicly-aired show that I asked someone else to record for me on a DVD or VHS that I paid for, and then I paid to have it sent to me (and I see this as no different than you asking a friend across town to record a show for you, and then you driving over to pick it up so you could watch it later), it was only used for my own private viewing, and there was no profit involved, not to mention that it's not available on DVD/VHS anyway, then I think I'd be found not guilty of violation. Same goes for your use of Honda/Yamaha logos. Which brings me back to my original statement. Don't be a hypocrite. And just for the record, everyone's opinion has the same value, regardless of who they are. Unless, of course, they are the Judge presiding over a legal case. Then the Judge's opinion DOES matter more than anyone else's. [/QUOTE]
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MX, SX & Off-Road Discussions
General Moto | Off-Topic Posts
U.S. Open on TV?
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