2004-08-30

Valenti's Notable Quotables

Ernie The Attorney points to this great quote from Valenti in J.D. Lasica's interview for Engadget:
There is no fair use to take something that doesn’t belong to you. That’s not fair use.
in response to J.D. asking him if "consumers have a fair use right to remix a few seconds of a Hollywood movie into a home movie project?"

Anyway, here are some other great Valenti lines I've collected [continued...]:

  • JV: What is fair use? Fair use is not a law. There's nothing in law.' (An Interview with Jack Valenti)
  • JV: That question has nothing to do with fair use because a DVD is encrypted and the Digital Millennium Copyright Act says to circumvent an encryption violates that law. (Three Minutes With Jack Valenti)
  • JV: Un-fucking-believable. (MIT interview with Jack Valenti)


  • Here's what Fair Use is (as defined by the US Code TITLE 17 CHAPTER 1 Sec. 107)

    Sec. 107. - Limitations on exclusive rights: Fair use

    Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -
    (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
    (2) the nature of the copyrighted work;
    (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
    (4) the effect of the use upon the potential market for or value of the copyrighted work.
    The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors