arctander

arctander t1_ixlj6s2 wrote

This is an eloquent take on the fourth test of fair use under US Copyright law, namely "Effect of the use on the potential market for or value of the copyrighted work." Under this economic interpretation Disney's Song of the South ought to be available, and it is. Disney has refused to re-release this film and it remains under copyright until 2041.

The Sony Bono Copyright Extension Act was clearly overreaching and should be repealed, but there's no political will to do so. My question was really about the apparent impunity under which IA operates.

I appreciate the good conversation, thank you.

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arctander t1_ixkswdy wrote

I am genuinely curious as to how The Internet Archive can have this clearly copyrighted material stored and served without any rights - and they know it "Rights yikes" is on the page.

Are they simply waiting for a DMCA notice?

Then there's this note "Uploaded as it may never get an official re-release" which simply isn't any kind of legal reason under US copyright law.

Anyway, not trying to start a fight, but I don't understand how The IA can host this. I figure that if I did, I'd get crushed by an attorney somewhere.

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