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To: sinkspur
This.

TITLE 17 > CHAPTER 1 > Sec. 107.

Sec. 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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors

17 posted on 01/18/2004 8:54:37 PM PST by DMCA (TITLE 17 Chapter 1 Sec 107)
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To: DMCA
But how do I know what is "fair use"? Napster has ruined the music industry, and has spurred electronics makers to take these drastic measures.

There is no such thing as "fair use" in the software business. You want to use a piece of software, you buy a license.

None of these electronic devices affects printed material, as far as I can tell. Unlike a printed piece, however, the owner of a piece of music cannot tell when a copy is made, or what its eventual use is.

There is probably no "fair use" of copies of music either, like software.

You want it, you buy it.

18 posted on 01/18/2004 8:59:48 PM PST by sinkspur (Adopt a shelter dog or cat! You'll save one life, and maybe two!)
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