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Web Page Format - Fair Use of Copywritten Material
Posted by: BrEggum (IP Logged)
Date: June 30, 2007 05:07PM

I think we must consider this in posting to the WDDM Web Site.


Fair Use of copy written material


It appears that a site using material for education rather than a political site or a commercial site has a bit more leeway in use of copy written materials.


Cornell University Law School
[www.law.cornell.edu]



TITLE 17 > CHAPTER 1 > § 107Prev | Next
§ 107. Limitations on exclusive rights: Fair use
How Current is This?
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
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Notes The notes are quite extensive and informative. URL follows:
[www.law.cornell.edu]


Updates
Parallel authorities (CFR)
Your comments


Wikipedia on fair use [en.wikipedia.org]
From Sanford: Does It Help to Use a Disclaimer?
A disclaimer is a statement that "disassociates" your work from the work that you have borrowed. For example, if you write an unauthorized biography of Mickey Mouse, you may include a disclaimer such as "This book is not associated with or endorsed by the Walt Disney Company. " Will it help your position if you use a disclaimer? In close cases where the court is having a difficult time making a fair use determination, a prominently placed disclaimer may have a positive effect on the way the court perceives your use. However, a disclaimer by itself generally will not help. That is, if the fair use factors weigh against you, the disclaimer won't make any difference. For example, in a case involving a "Seinfeld" trivia book (see Section C), the publisher included a disclaimer that the book "has not been approved or licensed by any entity involved in creating or producing Seinfeld. " Despite the disclaimer, the court held that the use of the "Seinfeld" materials was an infringement, not a fair use.
[fairuse.stanford.edu]


Bruce

Bruce Eggum Wisconsin USA
www.doinggovernment.com


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