Paul Randall wrote:
>
>
> But what about 'fair use'?
"Fair Use" is, as regarding copyright law, a very narrowly defined term
that does not apply to either this situation. The term "fair use" is
most often deliberately misused by those who oppose protecting
intellectual property as a "red herring" in any argument concerning
copyright laws and the EULA, because it sounds like something everyone
should favor.
"Fair Use," as defined by copyright law, doesn't apply in any of the
above discussion. (It isn't even relevant, in this particular discussion.)
----------------------------------------------------------------------
TITLE 17 > CHAPTER 1 > § 107
§ 107. Limitations on exclusive rights: Fair use
Release date: 2004-04-30
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The fact that a work is unpublished shall not itself bar a finding of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.
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For more information:
http://fairuse.stanford.edu/Copyrigh...er9/index.html
--
Bruce Chambers
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