how come companies, museums, theatres, cinemas, don't consider fair use exceptions?

[spaceshotx7]

I notice some museums, as well as nearly all cinemas, theatres, corporations, etc ban photography and videotaping due to copyright concerns. Its as if they don't believe in or recognize fair use exceptions. according to these wikipedia entrys on fair use on the US, and Fair Dealings in other countries (http://en.wikipedia.org/wiki/Fair_use)(h..._dealing), Fair Use/Fair Dealings allow for the use of copyrighted materials for Private study, commentary, search engines, criticism, news reporting, research, teaching, library archiving and scholarship. I probably assume private use is one of the catagories as well.

Why do they have to assume that even if someone photographed or videotaped a performance, audio-visual attraction, motion-picture, or museum artwork and artifacts for private use only, that is still infringement?

And how come these establishments grant photography permission to the press, motion picture companies, and other professionals, but not the general public?

All tourists want to do is document their experience, and then share their experience with other people. In todays world of social media, establishments should be more open to photography and videotaping.

It would be nice if a theatre owner, corporate lawyer, or museum owner can address this question. I just don't want to feel that photography or videotaping is heavily regulated in this country, or the world.

[rickinnocal]

First, private use is NOT an exception to copyright protection. Making a copy of a creative work for your own private viewing is still a violation of copyright.

Second, the fair use exception merely means that it's not "illegal" to use a copy of a creative work for the excepted purposes... it doesn't mean that the copyright owner or his agent is required to allow you to make a copy.

Richard

[bcnu]

You need to understand something: the right to copy is different from the right to ACCESS a copy.

For instance, if you want to watch a show, you can be required to submit to a physical search so the purveyors can be certain you're not going to make any recordings while you're there. If you don't like that rule, you can't get in. Simple enough. If you somehow violate that rule, you can be expelled from the premises if not also sued for damages.

If someone DOES let you in, and you DO make a recording, and don't get caught by the facility management, the copyright owners can still sue you for just about whatever you do with that unauthorized recording.

For example: By definition, there is no POSSIBLE way to record a live music performance without permission without being a copyright infringement. 17 USC § 1101. There is no "fair use" in that statute.