[nafex] Copyright issues (formerly Online and in Pirint)

Tom Olenio tolenio at sentex.net
Mon Dec 11 09:31:14 EST 2000

PermacultureNo1 at aol.com wrote:

> <snip>It means that this post is copyright, and no one can do anything with it
> without my consent. <snip>

I wanted to ignore this thread, and I should have, but this statement is totally
wrong in my opinion.

Let me quote the copyright law regarding "fair use", section 107;

Title 17 Copyrights
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    is unpublished shall not itself bar a finding of fair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.

I would think that non-profit education, and our non-profit research into fruit
pretty much covers what we are doing here at NAFEX.

A copyright is not a blanket that protects you from all other uses of your work,
The "fair use" section of the law fully explains what exceptions there are.

I don't want to argue with anyone about it, I will let the letter of the law do
all my speaking.


Thomas Olenio
Ontario, Canada
Hardiness Zone 6a

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