[Leica] Re: mtf test of leica R lenses

[Robert Rose <rjr@usip.com>]

Tom,
Let's not be so quick to pass judgment on the French law professor.
I also teach copyright law, at the University of La Verne College of Law,
in the good ol' USA.  Where did you go to law school?

We have the counterpart to the Franch statute in our fair use doctrine, 
now codified in Section 107 of the 1976 Act.  There are four factors,
the purpose and character of the use; the nature of the copyrighted work; 
the amount taken; and the effect on the market for or the value of the 
copyrighted work.

None of these factors trumps the other four, although the last, market impact
is the most important.  Even copying the whole work can be a fair use; for 
example copying a software program for backup, or a movie for time shifting.

This is not an opinion whether reproducing the charts was a fair use.  I 
only wanted to point out that it is not simply related to the amount taken.

Bob Rose


>>> TEAShea <TEAShea@aol.com> 04/25 4:10 PM >>>
<< >
 You are definitively incorrect. As a professor of law and economics at the
 U. of Nancy (I beg your pardon for that), I know quite well the 1957 Law. I
 do not know the US equivalent law but in my case the french law would
 apply. I translate and recapitulate roughly the 41 article, alineas 2 and 3
 : "are authorised digests and short citations in order to give examples and
 illustrations without commercial intention".
  >>


This shows the differences between US and French law and your application in
this case.  Under US law the information you presented would be far in excess
of that allowed as a "short citation."  

Tom Shea