~ An Amazing Life ~

A book by Rich Van Winkle

 

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Fair Use Policy

We claim all of the rights accorded to the owner of copyrights and intellectual properties, including the right to control the reproduction and use of such materials or to authorize others to reproduce and use our work. Our rights in this regard are subject to certain limitations and protections found in sections 107 through 118 of the federal copyright law (U.S. Code Title 17), in the common law, and elsewhere. One of the more important limitations is known as the doctrine of “fair use”. This doctrine of fair use has been developed and defined through decades of litigation. We would prefer to avoid litigation to protect our rights and hope that this document helps accomplish such by making you aware of our position and rights.

The law contains a list of the various purposes for which the reproduction of a particular work may be considered “fair”. Examples MIGHT include criticism, comment, news reporting, teaching, scholarship, and research. Federal law 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 or is for nonprofit educational purposes.

·         The nature of the copyrighted work.

·         The amount and substantiality of the portion used in relation to the copyrighted work as a whole.

·         The effect of the use upon the potential market for, or value of, the copyrighted work.

Although the distinction between fair use and infringement is not always easily defined, we would agree that misuse is generally more apparent. So, although there is no specific number of words, lines, or notes that may legally be used, taken, or reproduced without permission, there are some actions that clearly infringe upon proprietary rights, ownership rights, intellectual property rights, and the privileges associated with such. Why not check with the owner to see whether they think your use is “fair”?

By the way, one common misconception is that acknowledging the source of material or the copyright owner is a substitute for obtaining permission – it is NOT. Examples of activities that courts have regarded as fair use might include:

·         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,

·         reference 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; and

·         incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.

A formal copyright protects the particular way an author has expressed himself. Copyrights do not extend to any ideas, systems, or factual information conveyed in the work, so other legal protections exist for such. The safest course is always to get permission from the material’s owner before using it. No one else can give you permission to use protected materials. When it is impracticable to obtain permission, use of our material should be avoided unless the doctrine of fair use would clearly apply to the situation. Keep in mind, what may seem fair to you may seem like stealing to us.

We happily grant “fair use” permission for legitimate needs and uses – generally consistent with the list above AND we would be happy to consider your request for other special permissions. Just use the contact/comment form on this website.

 

Please let me know if you have comments about or corrections for this web site.

rich1vanwinkle@yahoo.com

 

 


This website and its contents are Intellectual Property  - ALL RIGHTS RESERVED! 2010  by Rich Van Winkle