tag:blogger.com,1999:blog-12505562.post346728378831756329..comments2024-03-15T11:42:21.265-04:00Comments on The Patry Copyright Blog: Fair Use, Israel, and the IIPAWilliam Patryhttp://www.blogger.com/profile/12987498082479617363noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-12505562.post-92140107554473103762007-03-05T21:53:00.000-05:002007-03-05T21:53:00.000-05:00Thanks Kim:Diplomacy is indeed a nuanced task, and...Thanks Kim:<BR/><BR/>Diplomacy is indeed a nuanced task, and when it becomes apparent that it isn't working the mask comes off.William Patryhttps://www.blogger.com/profile/12987498082479617363noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-81536544674682311202007-03-05T20:39:00.000-05:002007-03-05T20:39:00.000-05:00This sounds familiar.When the Australian governmen...This sounds familiar.<BR/><BR/>When the Australian government published an issues paper considering whether Australia should adopt some kind of fair use exception, the IIPA were very careful to avoid that question, and argued that any support for fair use outside the US was based on a complete misunderstanding of how it worked. <BR/><BR/>They very carefully, and diplomatically, stated that 'The health and future prospects of this industry sector, and the livelihoods of millions of employees in or affiliated with that sector, depend to an unsurpassed extent upon the quality of copyright laws in those countries and their vigorous enforcement. In our experience, countries can succeed in these goals whether the limitations on copyright protection in their law take the form of specific exceptions; or of more general non-exhaustive provisions such as fair use or fair dealing; or, as current Australian law can accurately be described, a hybrid approach. All these approaches have their virtues and defects, but we believe that any of these systems can be successful in keeping the rights of copyright owners sufficiently strong while accommodating the legitimate interests of copyright users.'Kimhttps://www.blogger.com/profile/11323459337615228810noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-5818301845900931902007-02-28T21:25:00.000-05:002007-02-28T21:25:00.000-05:00Thanks, Morris for your comment and story. The con...Thanks, Morris for your comment and story. The concern at issue has not been expressed by the Knesset, which seems confident that fair use is the way to go; rather, the concern has been expressed by a U.S. trade association. Your experience with the librarian would seem to point toward trusting the Knesset since the librarian at least attempted to enforce the copyright law as she saw it.William Patryhttps://www.blogger.com/profile/12987498082479617363noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-313254814195589572007-02-28T21:12:00.000-05:002007-02-28T21:12:00.000-05:00the concern that Israeli judges can't handle the d...<I>the concern that Israeli judges can't handle the doctrine or that the Israeli population will see adoption of fair use as a "free ticket to copy" is not borne out by any empirical evidence</I><BR/><BR/>I can't comment on the Israeli judiciary, but I can understand the concerns of the legislature that fair use may be seen as a broad license by Israelis. Beating the system is the national pastime, from tag-team shopping to get an advanced spot in the grocery line to arguing every parking ticket with "I was only stopping for a minute and my brother-in-law is the Chief of Police."<BR/><BR/>I did have a run-in with the current application of copyright law in Israel a few years ago. A professor in the US who knew I was doing research at the National Library asked me to make a photo copy of a Master's Thesis for her. I asked the librarian if I could take the thesis to the copying room (the library is based on stacks requests and reader's rooms) and was given permission, in return for ID. When I brought back the thesis and put the large stack of paper next to it, the librarian was horrified, and told me it's forbidden to copy large amounts.<BR/><BR/>I advanced the argument that it was for scholarly use, but that didn't make an impression. I tried the argument that anybody who's written a thesis on 19th Haskalah literature would be thrilled to know anybody was making a copy of it, but that didn't carry as much weight as the fact the money was already spent. In the end, she let me leave with it, with the clear admonition that I was a law breaker.Morris Rosenthalhttps://www.blogger.com/profile/02366583952912843043noreply@blogger.com