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5829Re: [MedievalSawdust] Copyright Question

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  • Mark Schuldenfrei
    Mar 2, 2006
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      > > What weight would the "Fair Use Exception" have in
      > > your analysis?
      > > Tibor

      > None. I think 'Fair Use' would be the 'copy for your
      > own personal use' example.

      I am not an attorney, and have no specific expertise. But my
      plain reading of the law says to me that you are mistaken:

      § 107. Limitations on exclusive rights: Fair use

      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      The fact that a work is unpublished shall not itself bar a finding of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

      In this case the purpose is non-commercial, is research only, is just
      one article from a magazine, and doesn't have a substantial impact
      upon the market value of the magazine.

      Whether the commercial nature of Yahoo and advertising affects this,
      I cannot say.

      I'd put it up.

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