Hi, If you'll do a search on one of the internet search engines with the phrases "Digital Millennium Copyright Act" and "fair use," you'll come up with a lot of hits. From a limited 30 minute study of the act, I've learned that one of the things that held it up in committee was how to ensure that the "fair use" principle was not overridden. Over and over and over again in on-line articles written by lawyers it is stated that the fair use principle does apply even to the electronic media which is what the act addresses. I've included a couple below. Mike The following exception was specifically included to allow "fair use" of digital media: "the DMCA prohibits the manufacture and distribution of the means of circumventing technological measures protecting the rights of a copyright owner, e.g., measures which prevent reproduction. But to ensure that legitimate multipurpose devices can continue to be made and sold, the prohibition applies only to those devices that: (1) are primarily designed or produced for the purpose of circumventing; (2) have only a limited commercially significant purpose or use other than to circumvent; or (3) are marketed for use in circumventing. http://www.arl.org/info/frn/copy/band.html Jonathan Band Morrision & Foerster LLP Washington, D.C. "Standard copyright rules, including proper clearance and fair use, apply to that material. " http://www.arl.org/info/frn/copy/osp.html Law Offices Lutzker & Lutzker LLP At 09:36 PM 2/27/00 -0700, J. C. Biggs wrote: >In the copyright law class that I am currently taking via Virtual >University, the topic of FAIR USE has come up in that the DIGITAL >MILLENNIUM COPYRIGHT ACT (DMCA) of 1998 does not provide for fair use. >DMCA heavily favors copyright holders' rights and makes no mention of >FAIR USE, which is interpreted by some as to make void the previous >rulings regarding FAIR USE. Of course this will eventually be clarified >by Congress and/or the courts. But until then, our instructor suggests >that it is better to err on the side of caution and obtain permission to >use copyrighted material, no matter how seemingly inconsequential it >might be. > >As an instructor in non-profit schools, I had relied heavily on FAIR USE >in the past and was not informed as to the DMCA before taking this >class. Just wanted to pass this along to those we are interested in >this facet of copyright law. >~JoanB > >------------------------> > > > Small portions of any copyrighted material may be copied without infringing > > on copyright. This is the "fair use" principle. > > >==== COPYRIGHT Mailing List ==== >Freepages, that is free web pages >http://www.rootsweb.com/rootsweb/press/freepages.html > >============================== >Personalized Mailing Lists: never miss a connection again. >http://pml.rootsweb.com/ >Brought to you by RootsWeb.com.