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Old 02-19-2011, 03:44 PM
Lady Lilyth A'micia Pinao's Avatar
Lady Lilyth A'micia Pinao Lady Lilyth A'micia Pinao is offline
Coven Priestess + High Elder
Join Date: Feb 2002
Location: Vallejo, CA
Posts: 12,209
Community Disclaimer

Sacred Mists content is produced and edited by the College Administration, the Student Council along with posts by the Students and various online and offline sources. Most of the content within Sacred Mists is original writings, and some of the material within our College and Community has been gathered over several years from many different sources (at the time for personal use), making it difficult to give credit to the original authors. Wherever possible, material will be accredited appropriately however many times this has not been possible. In those situations we will post "author unknown". Sacred Mists accepts no responsibility for any material posted on any message board in use by its students within the Sacred Mists Communities. Thank you for taking the time to read this disclaimer. If there are any questions please feel free to send a message to Lady Raven at any time.

Federal Law requires that we warn you of the following:

1. Natural methods can sometimes backfire.
2. If you are pregnant, consult your physician before using any natural remedy.
3. The Constitution guarantees you the right to be your own physician and to prescribe for your own health.

We are not medical doctors although MDs are welcome to post here as long as they follow the regulations of their individual licensing organizations.

Any opinions put forth by the list members are exactly that, and any person following the advice of anyone posting here does so at their own risk. What you decide to do with the information herein is a personal choice and left entirely up to the individual. By accepting advice or products from list members, you are agreeing to be fully responsible for your own health, and hold the List Owner and members free of any liability.

The "Fair Use" Law

1. What is Fair Use?

In essence, fair use is a limitation on the exclusive rights of copyright holders. The Copyright Act gives copyright holders the exclusive right to reproduce works for a limited time period. Fair use is a limitation on this right. A use which is considered "fair" does not infringe copyright, even if it involves one of the exclusive rights of copyright holders. Fair use allows consumers to make a copy of part or all of a copyrighted work, even where the copyright holder has not given permission or objects to your use of the work.

2. How does Fair Use fit with Copyright Law?
Copyright law embodies a bargain: Congress gave copyright holders a set of six exclusive rights for a limited time period, and gave to the public all remaining rights in creative works. The goals of the bargain are to give copyright holders an economic incentive to create works that ultimately benefit society as a whole, and by doing so, to promote the progress of science and learning in society. Congress never intended Copyright law to give copyright holders complete control of their works. The bargain also ensures that created works move into "the public domain" and are available for unlimited use by the public when the time period finishes. In addition, as part of the public's side of this bargain, U.S. Copyright law recognizes the doctrine of "fair use" as a limitation on copyright holders' exclusive right of reproduction of their works during the initial protected time period.

The public's right to make fair use of copyrighted works is a long-established and integral part of US copyright law. Courts have used fair use as the means of balancing the competing principles underlying copyright law since 1841. Fair use also reconciles a tension that would otherwise exist between copyright law and the First Amendment's guarantee of freedom of expression. The Supreme Court has described fair use as "the guarantee of breathing space for new expression within the confines of Copyright law".

3. How Do You Know If It's Fair Use?
There are no clear cut rules for deciding what's fair use and there are no "automatic" classes of fair uses. Fair use is decided by a judge, on a case by case basis, after balancing the four factors listed in section 107 of the Copyright statute. The factors to be considered include:

A - The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes - - Courts are more likely to find fair use where the use is for noncommercial purposes.

B - The nature of the copyrighted work - - A particular use is more likely to be fair where the copied work is factual rather than creative.

C - The amount and substantiality of the portion used in relation to the copyrighted work as a whole - - A court will balance this factor toward a finding of fair use where the amount taken is small or insignificant in proportion to the overall work.

D - The effect of the use upon the potential market for or value of the copyrighted work - - If the court finds the newly created work is not a substitute product for the copyrighted work, it will be more likely to weigh this factor in favor of fair use.

4. What's been recognized as fair use?
Courts have previously found that a use was fair where the use of the copyrighted work was socially beneficial. In particular, U.S. courts have recognized the following fair uses: criticism, comment, news reporting, teaching, scholarship, research and parodies.

In addition, in 1984 the Supreme Court held that time-shifting (for example, private, non-commercial home taping of television programs with a VCR to permit later viewing) is fair use. (Sony Corporation of America v. Universal City Studios, 464 U.S. 417 (1984, S.C.)

Although the legal basis is not completely settled, many lawyers believe that the following (and many other uses) are also fair uses:

Space-shifting or format-shifting - that is, taking content you own in one format and putting it into another format, for personal, non-commercial use. For instance, "ripping" an audio CD (that is, making an MP3-format version of an audio CD that you already own) is considered fair use by many lawyers, based on the 1984 Betamax decision and the 1999 Rio MP3 player decision (RIAA v. Diamond Multimedia, 180 F. 3d 1072, 1079, 9th Circ. 1999.)
Making a personal back-up copy of content you own - for instance, burning a copy of an audio CD you own.
5. Is Fair Use a Right or Merely a Defense?
Lawyers disagree about the conceptual nature of fair use. Some lawyers claim that fair use is merely a defense to a claim of copyright infringement. Although fair use is often raised as a defense, many lawyers argue that fair use can also be viewed as having a broader scope than this. If fair use is viewed as a limitation on the exclusive rights of copyright holders, fair use can be seen as a scope of positive freedom available to users of copyrighted material. On this view, fair use is the space which the U.S. copyright system recognizes between the rights granted to copyright holders and the rights reserved to the public, where uses of works may or may not be subject to copyright protection. Copyright law gives the decision about whether copyright law applies to a particular use in this space to a Federal Court judge, to decide after weighing up all relevant factors and the underlying policies of copyright law.

6. For More Information
Stanford University's Fair Use Resources Page:

And... with the close of that necessary bit of legalese....

Many warm blessings to you!

Even in the darkest of times, there is light in the stars
and moon to guide you home. ~Lady Lilyth~
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