libertyart opened this issue on Feb 22, 2004 ยท 43 posts
ynsaen posted Fri, 27 February 2004 at 4:26 PM
I did read it, hon. Statutory protection is NOT the same as a ruling. If a statute were to be written, it would override precedent (which the ruling is) and negate the prior rulings. The effect is similar, and it is not universal. The apellate Circuit court rulings do not apply over the whole of the US, only over specific areas within it. As I noted, the courts have ruled in the favor of satire more often than not, but it is not an absolute assurance, nor is it protected by statute. A court ruling is not an absolute guarantee of fair use. It is merely an additional element in one's favor. All cases are tried on their own merits, with precedence playing a role in the decision of the court, but precendence does not weigh heavier than the interests of the jurisdiction of the court or justice itself.
thou and I, my friend, can, in the most flunkey world, make, each of us, one non-flunkey, one hero, if we like: that will be two heroes to begin with. (Carlyle)