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5843Re: [MedievalSawdust] Copyright Question

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  • Michael Houghton
    Mar 2, 2006
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      Howdy!

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 The fact that a work is unpublished shall not itself bar a finding of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

      That's incomplete.

      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.

      I wouldn't.

      yours,
      Herveus

      --
      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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