Copyright, fair use, and religious exemptions

[David Guinn]

David E. Guinn, JD, PhD
The Park Ridge Center
211 E. Ontario, Suite 800
Chicago, IL 60611

deg at prchfe.org
(312) 266-2222
(312)266-6086 (fax)

>>> "Prof. Steven D. Jamar" <sjamar at LAW.HOWARD.EDU> 09/17 3:24 PM >>>
.....Can fair use be used to get around this relatively clear violation? I
don't think so.  The public has no right to either my or anyone else's
unpublished works - at least not until the copyright term expires.

A copyright term of 75 years is obscene, but there it is.
>>>>>

There are problems with this analysis.  First, the work was not unpublished - it was in fact published.  Second, the fair use doctrine does in fact routinely allow "violations" of one's right to control publication.  Normally, it would not extend to the whole work (except for copying by a library) but I do think that this case presents unique features that might justify its exception here.

BTW  - the term of copyright is the life of the author plus 75 years.

David