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haro

Copyright chatter ENDS

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haro    502
Hopefully this will put an end to the never ending copyright comment posts... Chapter 1 of the United States Copy Right Law, section 107: "§ 107. Limitations on exclusive rights: Fair use38 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 The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. " This site is quite obviously for nonprofit educational purposes, and as long as the "profits" from the CD that NeHe sells go right back into the site, which they already have. Everything is fine. The day NeHe becomes a millionaire of the CD sales is when things might go sour, but I have a feeling that''s a while from now.....

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quote:
Original post by haro

This site is quite obviously for nonprofit educational purposes, and as long as the "profits" from the CD that NeHe sells go right back into the site, which they already have. Everything is fine. The day NeHe becomes a millionaire of the CD sales is when things might go sour, but I have a feeling that''s a while from now.....




Sorry, Haro. Educational purposes refers to classroom use. Internet distribtuion almost never falls under the fair use exception.

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That will not cut it. Don''t believe me? Start a Starwars fan site, and start using images & msuic from the movies, and you will get hit with a C. & D. letter so fast, it will make your head spin.




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