reverett123

From
"Copyright Issues Relevant to the Creation of a Digital Archive: A Preliminary Assessment"

Commissioned for and sponsored by the National Digital Information Infrastructure and Preservation Program, Library of Congress


by June M. Besek

January 2003
"Fair use is the copyright exception with which people are often most familiar. Whether a use is "fair" depends on the facts of a particular case. Four factors must be evaluated when such decisions are made. The first factor is the purpose and character of the use. Among the considerations is whether the use is for commercial or for nonprofit educational purposes. Works that transform the original by adding new creative authorship are more likely to be considered fair use than those that do not; however, even a reproduction can be considered a fair use in some circumstances. The second factor is the nature of the copyrighted work. The scope of fair use is generally broader for fact-based works than it is for fanciful works, and broader for published works than for unpublished ones.20 The third fair use factor is the amount and substantiality of the portion used. Generally, the more that is taken, the less likely it is to be fair use, but there are situations in which making complete copies is considered fair.21 The fourth factor is the effect on the potential market for or value of the copyrighted work. A use that supplants the market for the original is unlikely to qualify as fair.

Certain uses are favored in the statute; they include criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, and research. A nonprofit digital archive for scholarly or research use, for example, would be favored by the law. However, favored uses are not automatically deemed fair, and other uses are not automatically deemed unfair. The four factors discussed earlier must be evaluated in each case."

__________________

Curious

When there is a notation at the bottom of website that all materials are protected by copyright or it's noted on the article, then fair use does not apply.

That has been the case with many that I have had to edit.

It's better to not chance it and have that battle.

DocJohn has made the rules for members of NT to follow. It has been posted many times. Chemar has reposted it here and bumped it up a few times.

All I'm asking is that it be adheared to.

__________________

Chemar

bumping this up for members' attention as we are getting a lot of posts that are not in compliance with copyright regulations here, with some even copying the copyright notice onto their posts!!

please would you post the title, author(s) and only a brief intro paragraph or abstract in quotes and then link to the article for members to read more

please do not copy and paste the entire article here, and especially not without citation and link

last thing we want to do is to "police" your posts, but we do have to compy with this or face legal letters etc from authors/publications who object to their copyright articles being copied over here in entirety etc

thanks

__________________

jcitron

Chemar,

Is it a possibility to make this a sticky? That would be really helpful.

Hwe is a link to a website that I found useful when writing papers for school. We used the APA format, but the MLA is also useful.

http://www.bedfordstmartins.com/online/citex.html

John