Comments on: When Copyright Infringement Isn’t Entirely A Bad Thing http://legal.entrepreneur.com/2008/04/11/when-copyright-infringement-isnt-entirely-a-bad-thing/ The small business mentor's guide to entrepreneurship and law Fri, 29 Aug 2008 02:31:48 +0000 http://wordpress.org/?v=2.1 By: Jonathan Bailey http://legal.entrepreneur.com/2008/04/11/when-copyright-infringement-isnt-entirely-a-bad-thing/#comment-1061 Jonathan Bailey Fri, 11 Apr 2008 19:21:05 +0000 http://legal.entrepreneur.com/2008/04/11/when-copyright-infringement-isnt-entirely-a-bad-thing/#comment-1061 The idea of "infringement" being beneficial is one that is starting to take hold, but there is an interesting paradox here, if the use if a fair use of the content, then it isn't an infringement in the first place. You could bring forth a copyright suit, but you would most likely lose. Still, even acts that might be seen as infringement in another light can be beneficial. That is the whole notion Creative Commons was founded on and why so many people, myself included, license their work under it. The idea of “infringement” being beneficial is one that is starting to take hold, but there is an interesting paradox here, if the use if a fair use of the content, then it isn’t an infringement in the first place. You could bring forth a copyright suit, but you would most likely lose.

Still, even acts that might be seen as infringement in another light can be beneficial. That is the whole notion Creative Commons was founded on and why so many people, myself included, license their work under it.

]]> By: Nina Kaufman http://legal.entrepreneur.com/2008/04/11/when-copyright-infringement-isnt-entirely-a-bad-thing/#comment-1062 Nina Kaufman Mon, 14 Apr 2008 12:26:57 +0000 http://legal.entrepreneur.com/2008/04/11/when-copyright-infringement-isnt-entirely-a-bad-thing/#comment-1062 Actually, it's not that "fair use" isn't necessarily a form of infringement -- it is. But it's a permitted exception. Fair use is also not a cut-and-dried concept. Like obscenity, the courts "know it when they see it," and use several factors to weigh whether an infringing use is fair or not. Actually, it’s not that “fair use” isn’t necessarily a form of infringement — it is. But it’s a permitted exception. Fair use is also not a cut-and-dried concept. Like obscenity, the courts “know it when they see it,” and use several factors to weigh whether an infringing use is fair or not.

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