FW: "Fair Use" and Questions of Copyright


Subject: FW: "Fair Use" and Questions of Copyright
From: Norman, Sandy (NormanS@la-hq.org.uk)
Date: ma 27 tammi  1997 - 12:31:15 EET


I though this might make interesting reading. It comes from a very
interesting discussion on copyright on the US based web4lib discussion
list. It was posted to me - I do not belong to it. Has anyone any
comments to make? Of course it is the American fair use we are talking
about.
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Sandy Norman
Information Manager (Legal and Parliamentary)
Information Services
The Library Association
7 Ridgmount Street
London WC1E 7AE
Tel: 0171 636 7543 Fax: 0171: 436 7218 Email: sandy@la-hq.org.uk

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From: NLSNIDER@aol.com[SMTP:NLSNIDER@aol.com]
Sent: 27 January 1997 10:04
To: Multiple recipients of list
Subject: "Fair Use" and Questions of Copyright

Re the current discussion of the "fair use" doctrine in questions of
copyright, one of the most incisive, important and authoritative
(IMO)
recommendations in this thorny area can be found in the _Chicago
Manual of
Style_(14th edition, 1993, p. 148 [also in previous edition]), the
"Bible" of
American publishers, editors and authors:

"A word of practical caution: if a use appears to be fair, the author
should
probably _not_ ask for permission. The right of fair use is a
valuable one
to scholarship, and it should not be allowed to decay through the
failure of
scholars to employ it boldly. Furthermore, excessive caution can be
dangerous if the copyright owner proves uncooperative. Far from
establishing
good faith and protecting the author from suit or unreasonable
demands, a
permission request may have just the opposite effect. The act of
seeking
permission indicates that the author feels permission is needed, and
 the
tacit admission may be damaging to the author's defense."

The same book (on pp. 145-146) also indicates that the current
copyright law
"does not attempt to define the exact limits of fair use of
copyrighted work.
 It does state, however, that in determing whether or not the use made
of a
work in any particular case is fair, the factors to be considered
must
include the following:

   1.The purpose of the character of the use, including whether such
use is
of a commercial nature or is for nonprofit eductional purposes."

[ three more factors, considering nature of the copyrighted work,
amount
used, and the effect of the use on the market for the original.]

I've followed _Chicago's_ advice religiously [it is, after all, a
bible] for
many years of editing and writing, without a problem.

Norman L.
nlsnider@aol.com



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