No. In fact, the leading USSC case on fair use, Campbell v. Acuff-Rose, involved a successful assertion of fair use after a request for permission to use the copyrighted work (Roy Orbison's song "Oh Pretty Woman") was denied. Asking is polite. Asking is less complicated. Asking is (usually) less expensive. And if you don't get permission, you can claim your statutory exemption later. The rest of Gil's comment is spot on, however. DLB
I'm not familiar with the notion that asking for permission might eliminate/jeopardize a future fair use claim. Is there legal precedent establishing this?
-mz
-- Michael Zimmer, PhD Assistant Professor, School of Information Studies Director, BS in Information Science & Technology Program Associate, Center for Information Policy Research University of Wisconsin-Milwaukee e: zimmerm@uwm.edu w: www.michaelzimmer.org
Dan L. Burk Chancellor's Professor of Law University of California, Irvine 4500 Berkeley Place Irvine, CA 92697-8000 Voice: (949) 824-9325 Fax: (949)824-7336 bits: dburk@uci.edu