Date: Thu, 13 Dec 2001 16:16:11 -0800 (PST) From: "Jeremy C. Reed" <reed@reedmedia.net> To: freebsd-chat@FreeBSD.ORG Subject: Re: Boston Globe Article (fwd) Message-ID: <Pine.LNX.4.21.0112131547130.27279-100000@pilchuck.reedmedia.net> In-Reply-To: <3C193C60.53E5E99D@mindspring.com>
next in thread | previous in thread | raw e-mail | index | archive | help
On Thu, 13 Dec 2001, Terry Lambert wrote: > Not to take you to task, but you don't know who you are criticising > about the finer points of copyright law, do you? I know you addressed that statement to someone else. But I am missing the point. (I guess it means you are saying that you are an authority in copyright law.) Anyways, I am not a lawyer, but I did pass my "law of the press" class while earning my journalism bachelor's degree :) I have more comments below. > Sec. 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; Okay -- 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 The entire article was copied. "The greater the amount of copyrighted work used, the less likely that a court will characterize the use as fair. The use of an entire copyright work is almost never fair." (The AP Stylebook and Libel Manual, 1992.) > (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 unpublished shall not itself bar a finding of fair use 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. Possibly less people will read the original document. The readership will decline, the company will lose money, the paper cuts back writers, the original author loses further assignments, Boston goes into a economic recession, a new tax ... > I count 4 of the 6 statutorily permitted uses in her original posting. What four? Fair use is often hard to define. Jeremy C. Reed http://www.reedmedia.net/ To Unsubscribe: send mail to majordomo@FreeBSD.org with "unsubscribe freebsd-chat" in the body of the message
Want to link to this message? Use this URL: <https://mail-archive.FreeBSD.org/cgi/mid.cgi?Pine.LNX.4.21.0112131547130.27279-100000>