Re: copyright quotes

["Frank Townsend" <ftownsen@iamdigex.net>]

This section is using the term in the sense of economic markets, which is
why the qualifier "potential" is used. The work need not be actively sold.
The usual illustration is whether or not the allegedly fair use taking could
substitute for the whole work.  For example, a reviewer can publish brief
excerpts from a novel because a potential buyer of the novel would not be
able to use the quotes as a substitute for the novel itself.  What does
*not* matter is whether or not anyone would actually pay money for the
novel.  As one circuit court has said, "the mere absence of measurable
pecuniary damages does not require a finding of fair use."  Another way of
looking at this is that commercial demand for one's original work is not
required for copyright protection to attach, and copyright protection does
not wane because commercial demand for a copyrighted work has disappeared.


"Kelli Halliburton" <kelli217NOkeSPAM@crosswinds.net.invalid> wrote in
message 19ec2951.c0a2180e@usw-ex0104-025.remarq.com">news:19ec2951.c0a2180e@usw-ex0104-025.remarq.com...

> Oh, so what you're saying is that the downloading of Dig Dug has
> an appreciable "effect on the potential market for of value of
> the copyrighted work"? Cool. I had no idea that there was still
> a market for A2 Dig Dug.