The Trial -- commentaries, news reports and blogs, oh my!

Carol justcarol67 at yahoo.com
Fri Apr 18 23:03:05 UTC 2008


Lee wrote:
<snip>
> 
> Unfortunately, the blog doesn't say what the fourth part of the fair
use test is. Anyone know? <snip>

Carol responds:

May I direct your attention to my original post on the Fair Use
Doctrine, which began this thread?

http://groups.yahoo.com/group/HPFGU-OTChatter/message/36010

As I said in that post, which links you to a government website that
explains the key points in the Fair Use Doctrine, the four tests or
"factors" as they're called in  Section 107 of the Copyright Act are

"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."

Again, I highly recommend the website on copyright law that I linked
to and quoted extensively in that post:

http://www.publaw.com/work.html

The official U.S. government copyright page is also useful:

http://www.copyright.gov/fls/fl102.html

Carol, unable to find the post in which she recommended that second
website but sure that it's here somewhere

 






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