decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Fair Use isn't a right | 227 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Fair Use isn't a right
Authored by: tknarr on Friday, June 15 2012 @ 08:01 PM EDT

Copyright will permit the copyright holder a greater opportunity to profit, yes. But show me anywhere in copyright law where a right to profit is granted. Please, show me. All I find is a right to be the only one allowed to make copies of a work. Of course if you're the only source you're going to be in a better position to profit, but it's not a guaranteed right. If nobody wants to buy your works, you're out of luck. If nobody wants to pay enough to cover the cost of production, you're out of luck. If the first few people to buy and read it start telling everyone "This thing's a worthless pile, don't bother wasting your money on it.", and everybody takes their advice, you're out of luck. And if you're willing to sell copies of your work to me, and I can turn around and sell them for 10x what I paid for them, well, you're out of luck. You misjudged what people were willing to pay, and unless I signed a contract with you saying otherwise the law doesn't give you any recourse.

The right to be the sole source of new copies doesn't extend to a right to control copies after you've made and sold them. If you want that, you need to sign agreements with the people buying the copies. Which you're entitled to do, BTW. You're just not allowed to unilaterally set the terms without getting the other party's agreement.

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )