Date: Fri, 30 Aug 1996 10:37:24 -0700
On 8/30/96, Richard Layman wrote:
>(Note that "fair use" exemptions apply to specific situations, primarily by
>not-for-profit educational organizations, NOT individuals.)
I need to quibble with this point. Fair use, if my memory of communications
law serves me, makes it possible for a newspaper (*for-profit*) book reviewer
to reprint excerpts from your book, for example -- and applies to many other
instances for journalists employed by corporations (or for that matter,
individuals publishing independently).
Here (pulled from an AltaVista search) is wording that might shed light:
>C. FAIR USE
>
>1. Text of Section 107
>
>The following is a reprint of the entire text of section 107 of
>title 17, United States Code.
>
>Section 107. Limitations on exclusive rights: Fair use
>
>Notwithstanding the provisions of section 106, 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.
>
(full text can be found at http://turnpike.net/~klaltenh/fair_use.htm)
Note that the law includes "criticism, comment, news reporting" as being
among the covered applications of "fair use." For purposes of "scholarship"
would seem to apply it to individuals, as well.
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