Fair Use Disclaimer

This site is for educational and research purposes only. The materials on this site are intended to assist journalists, authors and academic researchers. 

This site is not indexed by the various search engines. The following meta tag is on all pages:

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It is assumed that all search engines will honor the above meta tag. The usual way that this website is accessed is when I provide the URL in response to a question about Governor Evan Mecham.


Creative Commons License
The source of all material on this website is given with each post. There are some news articles that are protected by copyright and the source is given. Articles by me have a by-line. Where I have made comments on news articles by others, my comments will be in italics.

All of my writing on this website is licensed under a Creative Commons Attribution 4.0 International License.


FAIR USE NOTICE. Many of the posts on this site contain copyrighted material whose use has not been specifically authorized by the copyright owner. We are making this material available in its efforts to advance the understanding of environmental issues and sustainability, human rights, economic and political democracy, and issues of social justice. I believe this constitutes a ‘fair use’ of the copyrighted material as provided for in Section 107 of the US Copyright Law. If you wish to use such copyrighted material for purposes of your own that go beyond ‘fair use’…you must obtain permission from the copyright owner.

FAIR USE NOTICE. This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. I am making such material available in our efforts to advance understanding of environmental, politica, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.

In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml


FAIR USE

Copyright Disclaimer under section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research.

Fair use is a use permitted by copyright statute that might otherwise be infringing.

Non-profit, educational or personal use tips the balance in favor of fair use.

FAIR USE DEFINITION:

(Source: http://en.wikipedia.org/wiki/Fair_use)

Fair use is a doctrine in the United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as for commentary, criticism, news reporting, research, teaching or scholarship.  It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test.  The term “fair use” originated in the United States.  A similar principle, fair dealing, exists in some other common law jurisdictions.  Civil law jurisdictions have other limitations and exceptions to copyright.

U.S. COPYRIGHT OFFICE- FAIR USE DEFINITION

(Source: http://www.copyright.gov/fls/fl102.html)

One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords.  This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U.S. Code).  One of the more important limitations is the doctrine of “fair use”.  The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.

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 in four factors to be considered in determining whether or not a particular use is fair.

  1. The purpose and character of the use, including whether such use is of 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
  4. The effect of the use upon the potential market for, or value of, the copyrighted work

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.

The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”

Copyright protects the particular way an author has expressed himself. It does not extend to any ideas, systems, or factual information conveyed in the work.

The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.

When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.

FL-102, Revised September 2010