Copy right law

G

gringo in dr

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TITLE 17 > CHAPTER 1 > ? 107

? 107. Limitations on exclusive rights: Fair use


Release date: 2004-04-30

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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
 
G

gringo in dr

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ricktoronto said:
Why did you post this here? Is this DR copyright law, as if they follow it.
Click to expand...

I posted it here just to let some one know, that posting news stories on the website for discussion purposes does not break US copy right law.

It's kind of hard to discuss some thing when the article has been deleted.
 
Robert

Robert

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Jan 2, 1999
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dr1.com
Tell that to the New York Times or AP. Yes, they go after sites like DR1 for publishing articles.

Yes, we have had problems in the past and intend not to have problems in the future.

Most have very strict rules about re-posting articles, that?s why they offer syndication services.

In most cases ?fair use? does not cover complete reproduction of the original articles.

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Los Angeles Times v. Free Republic, 54 U.S.P.Q.2D 1453 (C.D. Cal. 2000)
A bulletin board website allowed members to post full articles from newspapers in order to generate awareness and discussion of various subjects. Access to the site was unrestricted. The defendant was a for-profit corporation, but was in the process of seeking nonprofit tax status and did not charge for access to materials on its website.
Purpose: The articles were copied directly from the news sources and were not ?transformative.? The judge was also not persuaded that a link to the news source would not be sufficient. While the court generally favored the claim of a ?nonprofit? use, the court still found that posting the articles was drawing readers away from the commercial websites where the articles originated.
Nature: The articles are predominately factual, tipping the factor in favor of fair use.
Amount: The website included the full text of the articles, and the court found that the copying was more extensive than necessary to accomplish the defendant?s objectives.
Effect: The newspapers were seeking to exploit the market for the articles and draw traffic to their websites; the defendant was ?usurping? the copyright owner?s potential markets.
Conclusion: The bulletin board?s use of the newspaper articles was deemed to not be fair use.

http://www.tomwbell.com/NetLaw/Ch07/LATimes.html

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Many websites similar to DR1 have lost in court after pleading "fair use".
We don't intend to be one of those, so we air on the side of caution.

In summery...

You may post materials on the DR1 message board only if:

1. You are the copyright owner of the material, or
2. The copyright owner of the material grants permission, or
3. The material is in the public domain.
 
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