5843Re: [MedievalSawdust] Copyright Question
- Mar 2, 2006Howdy!
On Thu, Mar 02, 2006 at 11:00:40AM -0500, 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:
> § 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
> 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 The fact that a work is unpublished shall not itself bar a finding of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.
The proposed action would be the republication of the entire article in
a manner that is not clearly limited to nonprofit educational purposes
as, say, distributing a limited number of copies to students in a class.
Further, that republication could be seen as gutting the potential
market for reprints of that article.
I think that makes a strong argument that the proposed action does not
fall under "fair use".
> Whether the commercial nature of Yahoo and advertising affects this,
> I cannot say.
> I'd put it up.
Michael and MJ Houghton | Herveus d'Ormonde and Megan O'Donnelly
herveus@... | White Wolf and the Phoenix narrowwares
Bowie, MD, USA | http://whitewolfandphoenix.com
Proud member of the SCA Internet Whitewash Squad
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