Posted by PTravel on 11/03/05 00:34

"Seattle Eric" <noone@erehwon.gov> wrote in message
news:43692a9e$0$1764$8b463f8a@news.nationwide.net...
> Pthpp. You've proved my point. Both 1 and 4 make gramma's tape "fair
> use".

I'm getting so tired of writing this.

Fair use is an equitable doctrine, meaning the judge decides each case on
its specific facts and in reference to prior cases decided before it. The
four factors are only a guideline and are non-dispositive. Whether a given
use is a fair use can NOT be predicted by simply applying a common-sense
analysis of the four factors.

Okay?


>
> 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 The fact that a work is unpublished shall not itself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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