Re: Orphan Works Act of 2008

Fred Benenson wrote:
[...]
| One way to think of it, and I haven't given this as much thought as I
| should, would be that it essentially adding a 5-factor to fair use,
| which I think is probably a good thing.

Well, except the other 4 factors are actually defenses to infringement.
This bill doesn't get the infringing user off the hook entirely, but
limits the monetary and injunctive relief available. So I can see the
way it's analogous to fair use, but it's not quite the same thing.

--
Gavin Baker
http://www.gavinbaker.com/
gavin <at> gavinbaker.com

in the dream
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only I can hear
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