RE: copyright quotes

["Quantum_Cat" <anonymous@cotse.com>]

Hiya, Louis..

 *>no troll, no flame fest {yeah sure, it has to happen no 
matter what, I 
 *>spose} but I did spot this in the local paper from news 
report on 
 *>napster & figured as it is perennial dead horse to flog, 
why not a word 
 *>directly from the register of copyrights for the U.S. 
Copyright Office?

Sure.. I intend to quote that portion of the Act, so why not.  
;)

 *>July 31, 2000 
 *><snip>
 *>"Every one of the new technologies, had you been there at 
the debate, 
 *>you would have heard that this technology was the killer 
application," 
 *>says Marybeth Peters, the register of copyrights for the 
U.S. Copyright 
 *>Office. "The debate really happened like you are hearing 
it today."

 *><snip>

 *>U.S. copyright law includes a "doctrine of fair use" which 
allows copies 
 *>to be made and used without permission depending on, among 
other things, 
 *>if the copying is for a nonprofit purpose, and the 
possible effect on 
 *>the market for the work. The doctrine calls for a case-by-
case analysis.

OK.. and here it is:


 107. Limitations on exclusive rights: Fair use

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The fact that a work is unpublished shall not itself bar a 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.

 *><snip>

 *>"There has always been a concept that certain uses of 
copyrighted works 
 *>will be tolerated when, in fact, there is no economic harm 
to the 
 *>copyright owner," Peters says.

And as you can see, downloading Dig Dug doesn't fall under 
any of the stipulations.

We've been this way before, Louis, and slammed the door in 
the Turlettes faces over the matter of "fair use".

 *><end of provocative news report>

It's probably best to go to the source in any case, Louis.  
In this case, you can find the Copyright Act at:

http://www.loc.gov/copyright/title17/circ92.html

BTW, your quotes WOULD fall under fair use.  Tom's snarfing 
of an entire article from A2central wouldn't.  The loser.

Vogons For a Turlette Free Apple II Community!

Quantum_Cat