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Subject: Re: Fair Use Doctrine
From: C. Coats-Siercks
Date: July 03, 1998
There are no cases directly on point...but I don't think I'd post a
copyrighted work to the net...for research or otherwise...putting
something on the net is considered republishing...the penalties are very
high and in most cases the courts won't accept an innocent
infringer....Charlotte
----Original Message Follows----
Reply-To: "Larry Noah"
From: "Larry Noah"
Subject: Re: Fair Use Doctrine
Date: Fri, 3 Jul 1998 15:35:49 -0500
To: [email protected]
Fair Uses of Copyrighted Works.
>
>From; http://lcweb.loc.gov/copyright/title17/1-107.html
>
>§ 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The fact that a work is unpublished shall not itself bar a finding of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.
>
Unless one is an attorney or is trained in interpreting and
applying
Federal Law the above is totally useless.
Larry Noah
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