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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Care to clarify your intended message by posting this HeliumAvid? I'm not sure what to make of it as regards the board.
I concur. I'm wondering if this is a statement to ward off TB2K 'potential' liability in regarding to postings, or, just a snippet of information for the membership to puzzle over. I find myself getting headaches when I read legalese, but that's just me. A laymans interpretation would be wonderful.
"Stay in school, work hard, stay out of trouble and when you grow up, you can pay for those who didn't."
Without the annotated code this section has no true meaning. With just the unanotated code, you can determine that it is ok to post an article in its entirety here, if the sole purpose is to comment on it.
With the anotated code. And determing how jurisdiction would be applied to the site(Country, District, State, County, City), will determine how we are truely limited in posted things.
Last edited by inbredhill; 02-11-2010 at 09:08 AM.
Reason: I can't spell
The "Copyright Alert System" – an elaborate combination of surveillance, warnings, punishments, and "education" directed at customers of most major U.S. Internet service providers – is poised to launch in the next few weeks, as has been widely reported. The problems with it are legion. Big media companies are launching a massive peer-to-peer surveillance scheme to snoop on subscribers. Based on the results of that snooping, ISPs will be serving as Hollywood’s private enforcement arm, without the checks and balances public enforcement requires. Once a subscriber is accused, she must prove her innocence, without many of the legal defenses she’d have in a courtroom. The "educational" materials posted for subscribers thus far look more like propaganda, slanted towards major entertainment companies' view of copyright. And all of this was set up with the encouragement and endorsement of the U.S. government.
We don't post "entertainment" material such as songs, movies or TV shows, which is what these companies are looking for. News stories aren't cash cows. And again, when a copyright holder requests deletion, it is always complied with. Every single time.
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