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5831Re: [MedievalSawdust] Copyright Question

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  • Ld. Robin Gallowglass
    Mar 2, 2006
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      On Thursday 02 March 2006 11:00, Mark Schuldenfrei wrote:
      > > > 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:

      > 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.

      I have to disagree with you Tibor. There's actually, as I understand it, two
      interlocking copyrights that have to be addresses. Each article typically
      has it's own copyright and the author has given the magazine exclusive or
      non-exclusive publication rights. The second is the copyright of the
      magazine as a compilation. Reprinting the whole article on this or any
      mailing list, in my opinion, would _NOT_ be fair use of the copyrighted
      article.

      >
      > Whether the commercial nature of Yahoo and advertising affects this,
      > I cannot say.
      >
      > I'd put it up.
      >
      > Tibor

      Robin
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