Fair Use?

User avatar
LexLeon
Posts: 400
Joined: Fri Oct 07, 2011 11:03 pm

Fair Use?

Postby LexLeon » Wed May 16, 2012 12:03 am

Please give this a read if you don't know what Fair Use is:

http://www.copyright.gov/fls/fl102.html

What I can't seem to understand is the rationale as to why the moderators of this forum (who I very much appreciate and respect, by the way), find it unacceptable to reproduce even one official LSAT question, verbatim.
Last edited by LexLeon on Wed May 16, 2012 11:26 am, edited 1 time in total.

User avatar
ben4847
Posts: 789
Joined: Mon Nov 07, 2011 11:38 pm

Re: Fair Use?

Postby ben4847 » Wed May 16, 2012 12:07 am

Nobody knows what fair use is. There is just about nothing that can categorically be said to be fair use or not. (Ok, copying DVD's and selling them on ebay is not fair use.)

My guess would be that LSAC's legal goons sent a threatening letter some time ago, and TLS just adopted a strict rule to be safe.

User avatar
Cupidity
Posts: 2214
Joined: Sun Jun 07, 2009 10:21 pm

Re: Fair Use?

Postby Cupidity » Wed May 16, 2012 12:19 am

Oh fun, issue spotter!

First of all, the issue is far closer to a breach of confidentiality in the old-school trade-secret sense than copyright. All students taking the exam sign an agreement stating they will not reproduce questions, TLS ownership and moderators are certainly aware of the agreement, as per their rule about posting, so there is potential liability under a contributory or vicarious liability theory.

So, they likely would not be in trouble because of copyright violation so fair use wouldn't actually be a defense because, as I'm sure you are aware, §102(b)/§107 only serve as defenses in copyright infringement suits. As for the fair use argument in a copyright theory, there simply is none. I don't know why the poster above me stated categorically, "nobody knows what fair use is," because many people do, and I assure you, sharing LSAT questions does not qualify as fair use. It is precisely the sort of market damaging reproduction and distribution that the copyright act is intended to prevent.
Last edited by Cupidity on Wed May 16, 2012 12:26 am, edited 1 time in total.

User avatar
Cupidity
Posts: 2214
Joined: Sun Jun 07, 2009 10:21 pm

Re: Fair Use?

Postby Cupidity » Wed May 16, 2012 12:25 am

LexLeon wrote: why limit discourse that clearly does not even approach that violation


I'm glad to see your 0L degree in Philosophy has provided you with a thorough understanding of defenses to Copyright infringement! For additional discussion of why this isn't fair use, please see Robert A. Kreiss, Coypright Fair Use of Standardized Tests, 48 Rutgers Law Rev. 4 (1996).

User avatar
3|ink
Posts: 7331
Joined: Wed Dec 16, 2009 5:23 pm

Re: Fair Use?

Postby 3|ink » Wed May 16, 2012 12:53 am

Cupidity wrote:
LexLeon wrote: why limit discourse that clearly does not even approach that violation


I'm glad to see your 0L degree in Philosophy has provided you with a thorough understanding of defenses to Copyright infringement!

TYFT

User avatar
Cupidity
Posts: 2214
Joined: Sun Jun 07, 2009 10:21 pm

Re: Fair Use?

Postby Cupidity » Wed May 16, 2012 1:05 am

3|ink wrote:TYFT


"Fair use" and "free speech" are terms that people without legal knowledge just throw around like they know something, without realizing that they are some of the most complex legal concepts in existence. Your average 0L probably has a better understanding of the RAP than they do of First Amendment.

User avatar
3|ink
Posts: 7331
Joined: Wed Dec 16, 2009 5:23 pm

Re: Fair Use?

Postby 3|ink » Wed May 16, 2012 1:49 am

Yeah. I loled hard at "0L in philosophy."

User avatar
Icculus
Posts: 1421
Joined: Tue Mar 02, 2010 12:02 am

Re: Fair Use?

Postby Icculus » Wed May 16, 2012 2:43 am

Cupidity wrote:
3|ink wrote:TYFT


"Fair use" and "free speech" are terms that people without legal knowledge just throw around like they know something, without realizing that they are some of the most complex legal concepts in existence. Your average 0L probably has a better understanding of the RAP than they do of First Amendment.


I love any mention of the RAP, and I agree with this whole heartedly as a former 0L who thought I knew everything until I actually made it to law school.

User avatar
LexLeon
Posts: 400
Joined: Fri Oct 07, 2011 11:03 pm

Re: Fair Use?

Postby LexLeon » Wed May 16, 2012 4:36 pm

Who knows anything before he is educated?

Where is this article available:

Robert A. Kreiss, Coypright Fair Use of Standardized Tests, 48 Rutgers Law Rev. 4 (1996).

NYCLSATTutor
Posts: 209
Joined: Sun Jul 11, 2010 2:22 pm

Re: Fair Use?

Postby NYCLSATTutor » Wed May 16, 2012 5:19 pm

Relevant XKCD

Image

User avatar
LexLeon
Posts: 400
Joined: Fri Oct 07, 2011 11:03 pm

Re: Fair Use?

Postby LexLeon » Tue May 29, 2012 7:09 pm

Cupidity wrote:
LexLeon wrote: why limit discourse that clearly does not even approach that violation


I'm glad to see your 0L degree in Philosophy has provided you with a thorough understanding of defenses to Copyright infringement! For additional discussion of why this isn't fair use, please see Robert A. Kreiss, Coypright Fair Use of Standardized Tests, 48 Rutgers Law Rev. 4 (1996).


Where is this article available:

Robert A. Kreiss, Coypright Fair Use of Standardized Tests, 48 Rutgers Law Rev. 4 (1996).

Or where did you read it?

Thanks for your assistance.

User avatar
rinkrat19
Posts: 13915
Joined: Sat Sep 25, 2010 5:35 am

Re: Fair Use?

Postby rinkrat19 » Tue May 29, 2012 7:22 pm

LexLeon wrote:
Cupidity wrote:
LexLeon wrote: why limit discourse that clearly does not even approach that violation


I'm glad to see your 0L degree in Philosophy has provided you with a thorough understanding of defenses to Copyright infringement! For additional discussion of why this isn't fair use, please see Robert A. Kreiss, Coypright Fair Use of Standardized Tests, 48 Rutgers Law Rev. 4 (1996).


Where is this article available:

Robert A. Kreiss, Coypright Fair Use of Standardized Tests, 48 Rutgers Law Rev. 4 (1996).

Or where did you read it?

Thanks for your assistance.
They probably found it with one of the spiffy legal research tools everyone gets to use in law school. The article is from a 1996 issue of Rutgers Law Review, as Cupidity's citation says.

Quit bumping this thread. No one cares about your fair use crusade.

User avatar
alwayssunnyinfl
Posts: 4100
Joined: Tue Mar 13, 2012 9:34 pm

Re: Fair Use?

Postby alwayssunnyinfl » Tue May 29, 2012 7:26 pm

LexLeon wrote:
Cupidity wrote:
LexLeon wrote: why limit discourse that clearly does not even approach that violation


I'm glad to see your 0L degree in Philosophy has provided you with a thorough understanding of defenses to Copyright infringement! For additional discussion of why this isn't fair use, please see Robert A. Kreiss, Coypright Fair Use of Standardized Tests, 48 Rutgers Law Rev. 4 (1996).


Where is this article available:

Robert A. Kreiss, Coypright Fair Use of Standardized Tests, 48 Rutgers Law Rev. 4 (1996).

Or where did you read it?

Thanks for your assistance.


https://litigation-essentials.lexisnexi ... 2bf8f4a988

Google

User avatar
marlo45
Posts: 99
Joined: Mon Mar 05, 2012 1:30 pm

Re: Fair Use?

Postby marlo45 » Tue May 29, 2012 8:07 pm

"The effect of the use upon the potential market for, or value of, the copyrighted work."

</thread>

User avatar
dextermorgan
Posts: 1138
Joined: Wed Jul 09, 2008 12:37 am

Re: Fair Use?

Postby dextermorgan » Tue May 29, 2012 8:50 pm

IBTL.

Also, LSAC rules.




Return to “LSAT Prep and Discussion Forum”

Who is online

Users browsing this forum: bearedman8, BobBoblaw, cherrygalore, Instrumental, jonny27, mrgstephe, stego, Tazewell, theboringest and 17 guests