Legal Crap

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Legal Crap

Post  Guest on Sun Sep 06, 2009 8:52 pm

Hey, since I'm going through some legal bullshit with a person from my past, I wanted to post this for you. Use it where ever you need to.

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Federal Law requires that we warn you of the following:

1. Natural methods can sometimes backfire.

2. If you are pregnant, consult your physician before using any natural remedy.

3. The Constitution guarantees you the right to be your own physician and to prescribe for your own health.


We are not medical doctors although MDs are welcome to post here as long as they follow the regulations of their individual licensing organizations.


Any opinions put forth by the list members are exactly that, and any person following the advice of anyone posting here does so at their own risk. What you decide to do with the information herein is a personal choice and left entirely up to the individual. By accepting
advice or products from list members, you are agreeing to be fully responsible for your own health, and hold the List Owner and members free of any liability.


The "Fair Use" Law

1. What is Fair Use?

In essence, fair use is a limitation on the exclusive rights of
copyright holders. The Copyright Act gives copyright holders the
exclusive right to reproduce works for a limited time period. Fair
use is a limitation on this right. A use which is considered "fair"
does not infringe copyright, even if it involves one of the exclusive
rights of copyright holders. Fair use allows consumers to make a copy
of part or all of a copyrighted work, even where the copyright holder
has not given permission or objects to your use of the work.

2. How does Fair Use fit with Copyright Law?
Copyright law embodies a bargain: Congress gave copyright holders a
set of six exclusive rights for a limited time period, and gave to
the public all remaining rights in creative works. The goals of the
bargain are to give copyright holders an economic incentive to create
works that ultimately benefit society as a whole, and by doing so, to
promote the progress of science and learning in society. Congress
never intended Copyright law to give copyright holders complete
control of their works. The bargain also ensures that created works
move into "the public domain" and are available for unlimited use by
the public when the time period finishes. In addition, as part of the
publics side of this bargain, U.S. Copyright law recognizes the
doctrine of "fair use" as a limitation on copyright holders'
exclusive right of reproduction of their works during the initial
protected time period.

The publics right to make fair use of copyrighted works is a long-
established and integral part of US copyright law. Courts have used
fair use as the means of balancing the competing principles
underlying copyright law since 1841. Fair use also reconciles a
tension that would otherwise exist between copyright law and the
First Amendment's guarantee of freedom of expression. The Supreme
Court has described fair use as "the guarantee of breathing space for
new expression within the confines of Copyright law".

3. How Do You Know If It's Fair Use?
There are no clear cut rules for deciding what's fair use and there
are no "automatic" classes of fair uses. Fair use is decided by a
judge, on a case by case basis, after balancing the four factors
listed in section 107 of the Copyright statute. The factors to be
considered include:

A - The purpose and character of the use, including whether such use
is of a commercial nature or is for nonprofit educational purposes - -
Courts are more likely to find fair use where the use is for
noncommercial purposes.

B - The nature of the copyrighted work - - A particular use is more
likely to be fair where the copied work is factual rather than
creative.

C - The amount and substantially of the portion used in relation to
the copyrighted work as a whole - - A court will balance this factor
toward a finding of fair use where the amount taken is small or
insignificant in proportion to the overall work.

D - The effect of the use upon the potential market for or value of
the copyrighted work - - If the court finds the newly created work is
not a substitute product for the copyrighted work, it will be more
likely to weigh this factor in favor of fair use.

4. What's been recognized as fair use?
Courts have previously found that a use was fair where the use of the
copyrighted work was socially beneficial. In particular, U.S. courts
have recognized the following fair uses: criticism, comment, news
reporting, teaching, scholarship, research and parodies.

In addition, in 1984 the Supreme Court held that time-shifting (for
example, private, non-commercial home taping of television programs
with a VCR to permit later viewing) is fair use. (Sony Corporation of
America v. Universal City Studios, 464 U.S. 417 (1984, S.C.)

Although the legal basis is not completely settled, many lawyers
believe that the following (and many other uses) are also fair uses:

Space-shifting or format-shifting - that is, taking content you own
in one format and putting it into another format, for personal, non-
commercial use. For instance, "ripping" an audio CD (that is, making
an MP3-format version of an audio CD that you already own) is
considered fair use by many lawyers, based on the 1984 Betamax
decision and the 1999 Rio MP3 player decision (RIAA v. Diamond
Multimedia, 180 F. 3d 1072, 1079, 9th Circ. 1999.)
Making a personal back-up copy of content you own - for instance,
burning a copy of an audio CD you own.

5. Is Fair Use a Right or Merely a Defense?
Lawyers disagree about the conceptual nature of fair use. Some
lawyers claim that fair use is merely a defense to a claim of
copyright infringement. Although fair use is often raised as a
defense, many lawyers argue that fair use can also be viewed as
having a broader scope than this. If fair use is viewed as a
limitation on the exclusive rights of copyright holders, fair use can
be seen as a scope of positive freedom available to users of
copyrighted material. On this view, fair use is the space which the
U.S. copyright system recognizes between the rights granted to
copyright holders and the rights reserved to the public, where uses
of works may or may not be subject to copyright protection. Copyright
law gives the decision about whether copyright law applies to a
particular use in this space to a Federal Court judge, to decide
after weighing up all relevant factors and the underlying policies of
copyright law.

6. For More Information
Stanford University's Fair Use Resources Page:
http://fairuse.stanford.edu/

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Re: Legal Crap

Post  Absinthe Angel on Mon Sep 07, 2009 1:44 pm

Hey thanks for posting this Liz. I was going to get around to posting something along those lines, but you being the legal expert did a much better job than I ever could have Smile
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Re: Legal Crap

Post  Guest on Mon Sep 07, 2009 5:10 pm

I can't take credit - I ripped that off of another yahoo group.. LOL.. but it works!

Thank goodness for other people doing the work!

Liz

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Re: Legal Crap

Post  Guest on Mon Sep 07, 2009 6:25 pm

Suspect Whatever she always takes credit for the things she does. Twisted Evil

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Re: Legal Crap

Post  whiteringmoon on Mon Sep 14, 2009 7:38 pm

Great information. I'm going to book mark it.
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Re: Legal Crap

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