What I'm trying to get at is that every provision concerning fair use is murky, and has to withstand argument in court. Every part of a fair use claim is subject to 'judgement' rather than merely establishing factual claims.
The law doesn't provide any real guidance as what constitutes a fair use work, only that somethings do count as fair use and in court we'll decide which do.
Determining fair use is a complicated, fact-specific analysis and even lawyers will have a hard time predicting if a case will win under a fair use claim.
Lots of things are items 'to be decided in court', but the preponderance of prior cases, and the strictness of the law makes it pretty clear if an argument is going to be successful or unsuccessful. Fair Use doesn't really provide that.
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Edit: I started this discussion on the wrong foot... we're talking about how the laws apply globally, but my intention was to remark about Pinterest and Pinterest users only.
>and the strictness of the law makes it pretty clear if an argument is going to be successful or unsuccessful. Fair Use doesn't really provide that.
You can say the same thing about copyright law - both are provided for and are explicitly provided, and both are a matter of judgement.
Here's the thing: As provided in the law, fair use and copyright are on equal footing. One does not carry more weight than the other. Both "rights" exist. You can copyright something, but that does not strip other parties of their fair use rights.
The law doesn't provide any real guidance as what constitutes a fair use work, only that somethings do count as fair use and in court we'll decide which do.
Determining fair use is a complicated, fact-specific analysis and even lawyers will have a hard time predicting if a case will win under a fair use claim.
Lots of things are items 'to be decided in court', but the preponderance of prior cases, and the strictness of the law makes it pretty clear if an argument is going to be successful or unsuccessful. Fair Use doesn't really provide that.
--
Edit: I started this discussion on the wrong foot... we're talking about how the laws apply globally, but my intention was to remark about Pinterest and Pinterest users only.