Re: Digitized Music in online courses

[John Mitchell <john@xxxxxxxxxxxxxxxxxx>]

"licenses trump fair use" is a maximalist approach I believe to be unfounded
in copyright law and contrary to public policy.

The copyrights themselves do not extend to fair use. (The initial grant of all
of the exclusive rights is "subject to" fair use.)

Second, there is a huge public policy interest in fair use, which the Supreme
Court has repeatedly recognized as among the "traditional contours" of
copyright law, and necessary to maintain the First Amendment's fullness.

Fair use is, also, akin to laws protecting employees (e.g., freedom from
discrimination, right to minimum wage, safe workplace).

If license agreements could trump fair use, there would be little reason not
to allow employers to have prospective employees waive all of their rights as
a condition of employment.

Using licenses to nullify fair use would be like asking the genie, on the
final wish granted, for unlimited wishes. It is nothing more than conditioning
the exercise of a limited exclusive right on making the right unlimited.
Courts should damn them.

John

On Jan 24, 2012, at 3:30 PM, "Colson, Jeannie" <jcolson@xxxxxxx> wrote:

> I too appreciate all the discussion. Thanks for your input. Let me share
> some things I've learned since posing my question to the list:
>
> The licenses do specifically state that they include playing recordings,
> and specifically speak of web as well radio, phone hold, student
> activities, etc.
>
> I asked representatives from 2 of the 3 the same question I posed to the
> list and both said "you're covered."
>
> As to the license vs. fair use question, all teaching I've received on
> the topic says that licenses trump fair use.
>
> Anything more I should be thinking of folks?
>
> ~Jeannie
>
>
> -----Original Message-----
> From: Ingrassia, Barbara [mailto:Barbara.Ingrassia@xxxxxxxxxxxx]
> Sent: Tuesday, January 24, 2012 3:29 PM
> To: 'Gary Hunter'; Stephen Marvin; digital-copyright@xxxxxxxxxxxxxx;
> digital-copyright-digest-help@xxxxxxxxxxxxxx
> Subject: RE: Digitized Music in online courses
>
> THANK YOU ALL---for this ***very helpful*** discussion!!
>
>
>
>
> -----Original Message-----
> From: Gary Hunter [mailto:Gary.Hunter@xxxxxxxxxxxx]
> Sent: Tuesday, January 24, 2012 3:54 PM
> To: Stephen Marvin; digital-copyright@xxxxxxxxxxxxxx;
> digital-copyright-digest-help@xxxxxxxxxxxxxx
> Subject: RE: Digitized Music in online courses
>
> Stephen,
>
> As you note, there is an overlap of contract law and copyright law in