Re: [dvd-discuss] Slightly OT - Japanese copyrights

["Ernest Miller" <ernest.miller(at)aya.yale.edu>]

Yes, but she had some form of "commercial damages" test.  It would be legal
to distribute, as long as each individual person distributing did not cause
commercial harm.

----- Original Message -----
From: "Michael A Rolenz" <Michael.A.Rolenz@aero.org>
To: <dvd-discuss@eon.law.harvard.edu>
Sent: Thursday, February 28, 2002 1:00 PM
Subject: Re: [dvd-discuss] Slightly OT - Japanese copyrights


> "Why not just have public distribution be the crime?"
>
> That's pretty much what Prof. Litman said about copyright. She pointed out
> that public distribtuion is how people perceive copyright infringement but
> the "intellectual property" industry views copying as the crime.
>
>
>
>
> "Ernest Miller" <ernest.miller@aya.yale.edu>
> Sent by: owner-dvd-discuss@eon.law.harvard.edu
> 02/28/02 08:53 AM
> Please respond to dvd-discuss
>
>
>         To:     <dvd-discuss@eon.law.harvard.edu>
>         cc:
>         Subject:        Re: [dvd-discuss] Slightly OT - Japanese
copyrights
>
>
> Space shifting is generally legal and if you subtitled a movie that you
> used
> yourself you probably would be fine.  However, distribute that movie and
> you
> will get in trouble (having violated both copying and distribution
> rights).
>
> This, of course, is what does not make sense to me.  Copying is legal for
> personal use (mostly) but not if you distribute it.  Why not get rid of
> copying as a violation at all?  Why not just have public distribution be
> the
> crime?
>
> ----- Original Message -----
> From: "Ballowe, Charles" <CBallowe@usg.com>
> To: <dvd-discuss@eon.law.harvard.edu>
> Sent: Thursday, February 28, 2002 11:50 AM
> Subject: RE: [dvd-discuss] Slightly OT - Japanese copyrights
>
>
> > I thought space shifting was legal under fair use - or is doing so only
> > legal if you do it yourself and not as a service to someone else?
> >
> > Where I can see some problems coming up is in laws that guarantee that
> > works of art viewed in the manner that the artist originally intended.
> > (I seem to remember a discussion of a law in Florida, I think, on this
> > list sometime last spring maybe)
> >
> > -Charlie
> >
> > > -----Original Message-----
> > > From: Ernest Miller [mailto:ernest.miller@aya.yale.edu]
> > > Sent: Thursday, February 28, 2002 10:44 AM
> > > To: dvd-discuss@eon.law.harvard.edu
> > > Subject: Re: [dvd-discuss] Slightly OT - Japanese copyrights
> > >
> > > The subtitles would be a derivative work and illegal.  Copyright law
> > > prohibits copying.  If you make a copy and destroy the
> > > original, you still
> > > have violated copyright law.  I agree that this makes no
> > > sense, which is why
> > > I advocate eliminating the "right to copy" as part of copyright law.
> > >
>
>
>