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“Can” Does Not Equal “May”

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One of my mother’s pet peeves (and consequently one of my own pet peeves about my mother) is the interchangeable use of the words “can” and “may.” “Can” refers to the physical or emotional or mental ability to do something, and “may” refers to the permission or authority to do something. Although my daughter can drive a car att he eage of 15, she may not do drive it anywhere on a street by herself.

Can and may are constantly confused in the world of copyright. We have the ability - the can - to make and distribute copies of almost everything. But we may not do so when we do not have permission from the copyright holder, or if our use is not a “fair” one.

Even big, reputable companies can make mistakes on this. I wonder if the RIAA distributes news and magazine articles to it’s staff? Hmmmmm……….


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