[Sussex] We can screen it! - portable projector

[Geoff Teale]

Mark wrote:
-----------
> The concept of "fair use" is a US concept - it does not exist 
> in UK law.

*cough, splutter, spits his sandwich everywhere*

Firstly - there is no such thing as UK law - there is English and Welsh law,
Scots law is different.  We do whoever have _some_ UK legislation which is
applicable in the court systems of each country.

Secondly, "fair use" was a term bought into existence by the "Statute of
Anne" in _ENGLISH_ law in 1557 to reduce the control of stationers and
printers over printed material.  The US constitutional provision for
intellectual property is modelled after the "Statute of Anne".

Whilst other laws have come into play since 1557 the Statute of Anne is not
superceded (although it is revised).  As such "Fair Use" is very much a
valid concept in English law.

However, what you should note is that existing legislation and pre-existing
precedent does not cover digital material!  That is part of why there is so
much fuss and bother about the legislation the EU want to pass - because
there is no English legislature covering this material (and very little
precedent) and the EU legislature would thus be binding without a ration
court discussion.  Generally lawyers prefers precedent to legislation
because it allows more scope for interpretation and thus concepts such as
"fair use" come into play when we deal with the spirit rather than the
letter of the law.

-- 
geoff.teale at claybrook.co.uk
tealeg at member.fsf.org

"And I hope that you die and your death'll come soon
I will follow your casket in the pale afternoon
And I'll watch while you're lowered down to your deathbed
And I'll stand o'er your grave 'til I'm sure that you're dead"
 - Bob Dylan, a pacifist :-)

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