Thursday, 25 August 2011
My Use is Fair
Copyrighted Materials & Blogging ... opens the issue with a good post.
So, let us have a look at the Fair Use issue/legislation in the USA ...
"Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:
The purpose and character of the use, including whether such use is of commercial nature (no) or is for nonprofit educational purposes (yes),
The nature of the copyrighted work (usually one image),
The amount and substantiality of the portion (usually one image) used in relation to the copyrighted work as a whole (almost always the minimum possible),
The effect of the use upon the potential market for, or value of, the copyrighted work (well, it is here because I am applauding it - so, go figure).
The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission."
Indeed ... and all a disgruntled owner need do is comment, or email me, and we will decide why it is not Fair Use and I will be very accommodating; as it should be IMHO.