Comments on: A Victory for Scholars or Illustration of the Limitations of Fair Use Protection? http://copyrightcommerceandculture.com/2009/09/28/a-victory-for-scholars-or-illustration-of-the-limitations-of-fair-use-protection/#utm_source=feed&utm_medium=feed&utm_campaign=feed E59.1405, The Media, Culture, and Communications Department at the Steinhardt School of Education at NYU Sun, 05 Feb 2012 19:50:47 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: JennaB http://copyrightcommerceandculture.com/2009/09/28/a-victory-for-scholars-or-illustration-of-the-limitations-of-fair-use-protection/comment-page-1/#comment-45 JennaB Tue, 29 Sep 2009 16:53:54 +0000 http://copyrightcommerceandculture.com/?p=248#comment-45 You bring up the ‘harm to the market factor’ as a potential defense for Stephen James Joyce to argue that this work would not be considered fair use. However, it seems like with the parody of Gone with the Wind, The Wind Done Gone, mentioned in Carrol’s article, that this book is dependent on the reader’s awareness of Finnegan’s Wake and thus would not hurt the market for the original work. I agree with you that there needs to be protection against the attitude that Stephen James Joyce exemplifies. How can there be fair use if there are copyright holders with both the means and determination to litigate every use of a copyrighted work and who threaten creators with the cost of litigation to stop all use, fair or not. It seems that the copyright system is guilty until proven innocent and must be fixed or at the very least clarified. You bring up the ‘harm to the market factor’ as a potential defense for Stephen James Joyce to argue that this work would not be considered fair use. However, it seems like with the parody of Gone with the Wind, The Wind Done Gone, mentioned in Carrol’s article, that this book is dependent on the reader’s awareness of Finnegan’s Wake and thus would not hurt the market for the original work.

I agree with you that there needs to be protection against the attitude that Stephen James Joyce exemplifies. How can there be fair use if there are copyright holders with both the means and determination to litigate every use of a copyrighted work and who threaten creators with the cost of litigation to stop all use, fair or not. It seems that the copyright system is guilty until proven innocent and must be fixed or at the very least clarified.

]]> By: Fred http://copyrightcommerceandculture.com/2009/09/28/a-victory-for-scholars-or-illustration-of-the-limitations-of-fair-use-protection/comment-page-1/#comment-43 Fred Tue, 29 Sep 2009 14:21:37 +0000 http://copyrightcommerceandculture.com/?p=248#comment-43 Yes, great post. Thanks. Yes, great post. Thanks.

]]> By: Ali http://copyrightcommerceandculture.com/2009/09/28/a-victory-for-scholars-or-illustration-of-the-limitations-of-fair-use-protection/comment-page-1/#comment-41 Ali Tue, 29 Sep 2009 04:41:17 +0000 http://copyrightcommerceandculture.com/?p=248#comment-41 I know that this comment lacks any scholarly merit, but Shloss's story is an incredibly intriguing one. I really enjoyed your post! I know that this comment lacks any scholarly merit, but Shloss’s story is an incredibly intriguing one. I really enjoyed your post!

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