On Sat, 14 Dec 2002, Every Man wrote:
> So is this true what he says about Fair Use? "Fair use of copyrighted
> material does not apply when the use "is of a commercial nature or is for
> nonprofit educational purposes". "
No, it's not true.
(1) The quote from Section 107 is taken out of its context in such a way
that it is extremely misleading, and actually suggests that educational
use is not fair use -- when one of the explicit points within 107 is that
educational use IS (likely to be) a fair use.
(2) Even taken for morely the "commercial use cannot be fair use" arguemnt
it is a stunted & inaccurate conception of fair use. I've included a
current copy of 107 below. But the important points are
(a) whether a use is commercial or noncommercial is but one of
four, non-exclusive factors, which a court should look at to determine
whether a use is fair or not;
(b) most courts that have ranked the factors consider the fourth
factor, the effect on the marketplace, to be the most important factor;
that means that if a work substitutes for the original work in some way it
is a problem.
Laura Quilter, 3d year law student (studying intellectual property) taking
a break from studying for exams
------------------------
Section 107 states:
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The fact that a work is unpublished shall not itself bar a finding of fair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.
On Sat, 14 Dec 2002, Every Man wrote:
> So is this true what he says about Fair Use? "Fair use of copyrighted
> material does not apply when the use "is of a commercial nature or is for
> nonprofit educational purposes". "
>
> >X-Sender: jassenATmail.bright.net
> >Date: Sat, 14 Dec 2002 16:53:22 -0500
> >To: every.manATpressthebutton.com
> >From: Jassen <jassenATbright.net>
> >Subject: Fwd: copyright...
> >X-Loop-Detect: 1
> >
> >>Sure it is. You clearly don't understand the concept or definition of
> >>"profit", among other terms like "Fair Use." We can discuss this later.
> >
> >I quoted you an exert of the law on fair use-
> >
> >>Fair use of copyrighted material does not apply when the use "is of a
> >>commercial nature or is for nonprofit educational purposes". Please see
> >>USC Title 17: Copyright section 107 Limitations on exclusive rights: Fair Use.
> >
> >Selling CDs is a commercial activity.
> >
> >Jassen
>
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