|
|
|
||||||||
|
|
Our legal deptartment . . . not
|
|
|
NEWS Online guitar archive (OLGA) closed due to legal challege by Harry Fox Agencies! Others running scared?! |
Considerations |
 |
These pages and materials are intended for educational use. They aim to serve the pedagogical and research purposes of myself, my students, and other students and philosophers. As such, reproduction of copyrighted images and text on these pages may be deemed to fall under the "fair use" provisions of the U.S. Copyright Act (below).
U.S. COPYRIGHT ACT, AS AMENDED
CHAPTER 1. SUBJECT MATTER AND SCOPE OF COPYRIGHT
Sect. 107. Limitations on exclusive rights: fair use
Notwithstanding the provisions of sections 106 and 106A [17 USCS Sect. 106], Sect. 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.
[Amended 10/24/92 by Pub. L. No. 102-492 which added this last sentence
to § 107.]
Note to Browsers
Use of these works for other than educational purposes
(especially commerical use) or use of more substantial portions than herein
may require licensing from the copyright holders. Generally, with the movie
stills, the rights reside with the production companies; or if not
this would be a good place to start your "title search." Rights to unpublished
textual works generally reside with their authors. Generally, with
published
textual works rights reside with the publisher; or again, if not, this
would be a good place to start your search. The Copyright
Clearance Center may also be helpful in this connection.
Some Suggestions for Additional Reading & Reference
- The Copyrite Website - http://www.benedict.com/ - provides good introductory explanations.
- Fair Use Guidelines for Multimedia & Related Documents & Links - http://www.libraries.psu.edu/mtss/fairuse/default.html - offers guidelines defining a "safe harbor" for academic "fair use"
- No Cense - http://www.mindspring.com/~mccarthys/no-cense/ - is a copyright reform advocacy page. The parade essay argues that current levels of copyright protection are excessive: not only are they inherently a form of censorship, they actually impede the progress of science and the useful arts, rather than foster it, contrary to the very purpose copyrights are supposed to serve.
- The Electronic Frontier Foundation - http://www.eff.org/ - leads the way in free speech advocacy online.
Note to Copyright Holders
It is not my intent to adversely affect the potential market for or value of your copyrighted work(s); and I have tried to provide links to you or to vendors of your works in the hope, perhaps, even, of advantageously affecting their potential market and commercial value. Nevertheless, I recognize that opinions may differ as to what constitutes fair use. In the words of the U.S. House of Representatives report on the copyright statute (H.R. Rep. No. 94-1476, pp. 65-74), "the endless variety of situations and combinations of circumstances that can rise in particular cases precludes the formulation of exact rules in the statute" -- "especially during a period of rapid technological change." Again, in the words of the same report, "since the [fair use] doctrine is an equitable rule of reason, no generally applicable definition is possible, and each case raising the question must be decided on its own facts." If you deem my use to have adverse effects on the market for or value of your copyrighted work, or to otherwise infringe on your copyrights, I will honor your opinion and, upon notification, cease such use as you deem unfair.Back to: My Home Page