5829Re: [MedievalSawdust] Copyright Question
- Mar 2, 2006
> > What weight would the "Fair Use Exception" have inI am not an attorney, and have no specific expertise. But my
> > your analysis?
> > Tibor
> None. I think 'Fair Use' would be the 'copy for your
> own personal use' example.
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
(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
The fact that a work is unpublished shall not itself bar a finding of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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