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Regarding the Mass Effect ENnies Nomination
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<blockquote data-quote="Steve Conan Trustrum" data-source="post: 7675307" data-attributes="member: 1620"><p>I'm not saying they are. I'm saying that everyone takes for granted Black Letter laws are beyond contesting, as is possible with the "text of the law" on the basis of how that text is interpreted. As that is the case -- as it is the "text of the law beyond dispute" -- it's odd that absolutely nothing comes up for a search for it, including one where actual sections of the copyright law for the years you mentioned are searched through. It doesn't show up in cases, in people analyzing or explaining amendments, etc., all of which can be found online going back pretty much since Title 17 was created.</p><p></p><p>Found it here <a href="http://uscode.house.gov/table3/year1990.htm" target="_blank">http://uscode.house.gov/table3/year1990.htm</a></p><p>I've looked through all the sections on copyright that year (a big year considering it was the year for VARA.) I used the government's Title 17 preface <a href="http://copyright.gov/title17/92preface.html" target="_blank">http://copyright.gov/title17/92preface.html</a>, which lists all changes to US copyright laws until 2010 to look at all Title 17 sections of the 1990 USC, and got nothing. Are you mistaken and it was an earlier year, perhaps?</p><p></p><p>Sorry, I used an incorrect word when I used "terms" -- I should have actually said "guidelines" considering it was more of a recognized agreement between interested parties than explicit permission provided by Title 17. However, the 10% is still current in so far as it was essentially an ad hoc guideline treaty to begin with and one that many of the parties still adhere to via mutual agreement beyond actual legal codification. (EDIT to add a point of interest: although it is actually codified in some other countries.) This is why many universities, including those with significant law schools, continue to adhere to it: <a href="http://fairuse.stanford.edu/overview/academic-and-educational-permissions/non-coursepack/" target="_blank">http://fairuse.stanford.edu/overview/academic-and-educational-permissions/non-coursepack/</a>. Which is also, IMHO, a reason why people still think it stretches out beyond educational purposes. I did, however, look up the 8 bar allowance you mention, and the only thing that pops up on that is a bunch of people getting sued for using 8 bars of unlicensed sampling and the fact that the 8 bar allowance is to the music industry what the 10% of word count is to writing or "I used coloured filters" myth is to art. To be honest, I've had profs in my university creative writing courses mention the 10% rule (where I first heard of it), as well as poor man's copyright, but that doesn't mean they weren't similarly victims of the same misunderstanding-born myths.</p><p></p><p>So, I'm really still not seeing anything I've not seen people claim before without a backing citation, including some rather extensive searches on the US Code of 1990 failing to pop on the existence of a 10% limitation that has supposedly since been removed. And it's incredibly odd that the Copyright Office doesn't make any reference to it previously existing, especially since in their FAQ (<a href="http://copyright.gov/help/faq/faq-fairuse.html#howmuch" target="_blank">http://copyright.gov/help/faq/faq-fairuse.html#howmuch</a> entitled "How much of someone else's work can I use without getting permission?") they still make the educational fair use documentation available ( <a href="http://www.copyright.gov/circs/circ21.pdf" target="_blank">http://www.copyright.gov/circs/circ21.pdf</a>) and even link to it from this FAQ response and go into detail about every other relevant change made to Title 17 (e.g., how copyright lifespan has changed through the years.) Including just a "it used to be 10% but isn't anymore" statement somewhere on their site would solve a lot of problems for people, and yet it's totally absent despite the FAQ addressing other myths such as poor man's copyright. Again, if you can find the actual citation that is eluding me, I'd be glad to see it because I'm not finding it anywhere on my own -- that way I could post the link as proof it hasn't been around for 25 years to the next person who assures me the 10% rule currently exists.</p></blockquote><p></p>
[QUOTE="Steve Conan Trustrum, post: 7675307, member: 1620"] I'm not saying they are. I'm saying that everyone takes for granted Black Letter laws are beyond contesting, as is possible with the "text of the law" on the basis of how that text is interpreted. As that is the case -- as it is the "text of the law beyond dispute" -- it's odd that absolutely nothing comes up for a search for it, including one where actual sections of the copyright law for the years you mentioned are searched through. It doesn't show up in cases, in people analyzing or explaining amendments, etc., all of which can be found online going back pretty much since Title 17 was created. Found it here [url]http://uscode.house.gov/table3/year1990.htm[/url] I've looked through all the sections on copyright that year (a big year considering it was the year for VARA.) I used the government's Title 17 preface [url]http://copyright.gov/title17/92preface.html[/url], which lists all changes to US copyright laws until 2010 to look at all Title 17 sections of the 1990 USC, and got nothing. Are you mistaken and it was an earlier year, perhaps? Sorry, I used an incorrect word when I used "terms" -- I should have actually said "guidelines" considering it was more of a recognized agreement between interested parties than explicit permission provided by Title 17. However, the 10% is still current in so far as it was essentially an ad hoc guideline treaty to begin with and one that many of the parties still adhere to via mutual agreement beyond actual legal codification. (EDIT to add a point of interest: although it is actually codified in some other countries.) This is why many universities, including those with significant law schools, continue to adhere to it: [url]http://fairuse.stanford.edu/overview/academic-and-educational-permissions/non-coursepack/[/url]. Which is also, IMHO, a reason why people still think it stretches out beyond educational purposes. I did, however, look up the 8 bar allowance you mention, and the only thing that pops up on that is a bunch of people getting sued for using 8 bars of unlicensed sampling and the fact that the 8 bar allowance is to the music industry what the 10% of word count is to writing or "I used coloured filters" myth is to art. To be honest, I've had profs in my university creative writing courses mention the 10% rule (where I first heard of it), as well as poor man's copyright, but that doesn't mean they weren't similarly victims of the same misunderstanding-born myths. So, I'm really still not seeing anything I've not seen people claim before without a backing citation, including some rather extensive searches on the US Code of 1990 failing to pop on the existence of a 10% limitation that has supposedly since been removed. And it's incredibly odd that the Copyright Office doesn't make any reference to it previously existing, especially since in their FAQ ([url]http://copyright.gov/help/faq/faq-fairuse.html#howmuch[/url] entitled "How much of someone else's work can I use without getting permission?") they still make the educational fair use documentation available ( [url]http://www.copyright.gov/circs/circ21.pdf[/url]) and even link to it from this FAQ response and go into detail about every other relevant change made to Title 17 (e.g., how copyright lifespan has changed through the years.) Including just a "it used to be 10% but isn't anymore" statement somewhere on their site would solve a lot of problems for people, and yet it's totally absent despite the FAQ addressing other myths such as poor man's copyright. Again, if you can find the actual citation that is eluding me, I'd be glad to see it because I'm not finding it anywhere on my own -- that way I could post the link as proof it hasn't been around for 25 years to the next person who assures me the 10% rule currently exists. [/QUOTE]
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