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| Re: OT- something for you mechanical hackers [message #89057 is a reply to message #89055] |
Sun, 19 August 2007 05:44   |
![John [1] is currently offline](/theme/PARIS_Forum_Template/images/offline.png "John [1] is currently offline")
John [1]
Messages: 2229
Registered: September 2005
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Senior Member |
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Does the music fall under fair use?
http://cyber.law.harvard.edu/rap/copyright
Q. What is fair use?
A. Another noteworthy exception to the exclusive rights previously described
is referred to as the fair use doctrine. Fair use provides an absolute exception
to the exclusive rights of the copyright owner when another uses the owner’s
work in specific ways. In cases where the fair use exception applies, permission
from the copyright owner to use the work is unnecessary.
Generally, use of a copyrighted work for criticism, comment, news reporting,
teaching (including multiple copies for classroom use), scholarship, or research
qualifies as fair use. While no bright line rules exist for determining whether
a particular use is fair, courts rely on a four factor test. The factors
are 1) the purpose and character of the use, including whether the use is
commercial or for non-profit educational purposes; 2) the nature of the copyrighted
work itself, in which courts typically evaluate whether the work is factual,
scientific, or artistic in nature; 3) the quantitative amount and substantiality,
interpreted as the qualitative amount, of the work that is copied; and 4)
the effect of the use upon the potential market for or value of the work.
Generally speaking, uses for non-commercial purposes that will not diminish
the copyright owner’s ability to make money from the work are considered
fair use. As a result, permission from the copyright owner for those uses
is unnecessary. However, if there is doubt about whether a use is fair, err
on the side of caution and get permission or speak with an attorney.
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