Comments on: What Does Intent Matter? http://copyrightcommerceandculture.com/2010/01/28/what-does-intent-matter/#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 Fri, 18 May 2012 19:36:50 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Taylor http://copyrightcommerceandculture.com/2010/01/28/what-does-intent-matter/comment-page-1/#comment-223 Taylor Thu, 04 Feb 2010 02:28:20 +0000 http://copyrightcommerceandculture.com/?p=885#comment-223 "Nimmer does note that usually an intent to make a commercial profit is required as part of the criminal action, which makes me wonder on what basis the woman in Illinois could really have been subject to criminal liability" I think intent, though it is often difficult to ascertain, does (or should) definitely matter. Though it is hard to measure intent, I think it is fairly evident here that the person filming didn't intend to turn a profit off of a bootleg version of Twilight - a fragmented piece of a scene is hardly going to excite even rabid Twilight fans. “Nimmer does note that usually an intent to make a commercial profit is required as part of the criminal action, which makes me wonder on what basis the woman in Illinois could really have been subject to criminal liability”

I think intent, though it is often difficult to ascertain, does (or should) definitely matter. Though it is hard to measure intent, I think it is fairly evident here that the person filming didn’t intend to turn a profit off of a bootleg version of Twilight – a fragmented piece of a scene is hardly going to excite even rabid Twilight fans.

]]> By: Alena http://copyrightcommerceandculture.com/2010/01/28/what-does-intent-matter/comment-page-1/#comment-201 Alena Mon, 01 Feb 2010 02:55:31 +0000 http://copyrightcommerceandculture.com/?p=885#comment-201 I do wonder a few things though... like, where was this video posted that it was seen by someone who would sue for copyright infringement? Considering the person filming claimed in the linked article that they were only filming it as a record of their sister's birthday party, I wouldn't think it would be on YouTube or anything. I also wonder just how much of the movie was was filmed, because a few moments is certainly different than a full scene of a movie. But overall, I do agree with your bottom-line statement that copyright law is definitely complicated and that citizens should be given the benefit of the doubt... those this may be difficult when people see a way to make some money out of the situation! I do wonder a few things though… like, where was this video posted that it was seen by someone who would sue for copyright infringement? Considering the person filming claimed in the linked article that they were only filming it as a record of their sister’s birthday party, I wouldn’t think it would be on YouTube or anything. I also wonder just how much of the movie was was filmed, because a few moments is certainly different than a full scene of a movie. But overall, I do agree with your bottom-line statement that copyright law is definitely complicated and that citizens should be given the benefit of the doubt… those this may be difficult when people see a way to make some money out of the situation!

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