Posted by Seattle Eric on 11/02/05 21:07

Pthpp. You've proved my point. Both 1 and 4 make gramma's tape "fair use".

Larry J. wrote:
> Waiving the right to remain silent, Seattle Eric
> <noone@erehwon.gov> said:
>
>
>>No reason to get copyright for this application: "fair-use"
>>covers it.
>
>
> Not true, and you should know this by now...
>
>
> 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 The fact that a work is unpublished shall not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.
>
> Additional copyright information may be found at:
> http://www4.law.cornell.edu/uscode/17/index.html
>
>

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