Date: Thu, 13 Dec 2001 15:40:16 -0800 From: Terry Lambert <tlambert2@mindspring.com> To: "Gary W. Swearingen" <swear@blarg.net> Cc: Annelise Anderson <andrsn@andrsn.stanford.edu>, freebsd-chat@FreeBSD.ORG Subject: Re: Boston Globe Article (fwd) Message-ID: <3C193C60.53E5E99D@mindspring.com> References: <Pine.BSF.4.10.10112131403540.6058-100000@andrsn.stanford.edu> <6eg06ebtbe.06e@localhost.localdomain>
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"Gary W. Swearingen" 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? UNITED STATES CODE TITLE 17 - COPYRIGHTS CHAPTER 1 - SUBJECT MATTER AND SCOPE OF COPYRIGHT 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; (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 The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. I count 4 of the 6 statutorily permitted uses in her original posting. -- Terry To Unsubscribe: send mail to majordomo@FreeBSD.org with "unsubscribe freebsd-chat" in the body of the message
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