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Posted by Larry J. on 11/02/05 22:44
Waiving the right to remain silent, Seattle Eric
<noone@erehwon.gov> said:
> Pthpp. You've proved my point. Both 1 and 4 make gramma's tape
> "fair use".
Not I haven't. You misunderstand the text.
The use must meet the first paragraph (which it doesn't) at which
point 1-4 are considered.
>
> 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 unpublished shall not itself bar a finding of fair use if such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
>>
>>
>
>
--
Larry Jandro
Video Engineering & Equipment Rentals
Scottsdale, Arizona, USA
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