Comments on: Fair Use, Documentaries, and Deals http://madisonian.net/2006/05/28/fair-use-documentaries-and-deals/ a blog about law, tech, culture, and related things Thu, 10 May 2012 20:32:56 -0500 http://wordpress.org/?v=2.8.4 hourly 1 By: Frank http://madisonian.net/2006/05/28/fair-use-documentaries-and-deals/comment-page-1/#comment-32802 Frank Wed, 31 May 2006 22:26:02 +0000 http://madisonian.net/?p=670#comment-32802 I agree. I also think that the "cautious" approach may generate a self-fulfilling prophecy; if you license it, it might become "traditional" to license it. I explore that idea here: http://prawfsblawg.blogs.com/prawfsblawg/2006/05/dilemmas_of_the.html ...though I recently read a fair use case from the 2nd circuit (involving the Grateful Dead) that I believe tried to dispel the idea that licensing one can create some sort of presumption that one should always license in the future. I agree. I also think that the “cautious” approach may generate a self-fulfilling prophecy; if you license it, it might become “traditional” to license it. I explore that idea here:

http://prawfsblawg.blogs.com/prawfsblawg/2006/05/dilemmas_of_the.html

…though I recently read a fair use case from the 2nd circuit (involving the Grateful Dead) that I believe tried to dispel the idea that licensing one can create some sort of presumption that one should always license in the future.

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