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To: Wil H
I'd say fair use for political commentary by an independent civic group. ABC loses on copyright claims. They need to complain, but if they had a case they would legally go forward with a cease and desist. Unless they can show a misuse by derivative use, they have no case, IMO - IANAL.
30 posted on 09/17/2004 8:49:29 PM PDT by optimistically_conservative (The soldier, be he friend or foe, is charged with the protection of the weak and the unarmed.)
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To: optimistically_conservative

U.S.C. TITLE 17 - COPYRIGHTS CHAPTER 1 - SUBJECT MATTER AND SCOPE OF COPYRIGHT
§ 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 The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.


63 posted on 09/18/2004 5:10:44 AM PDT by kycountryboy
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