North American Fruit Explorers mailing list at ibiblio

[fluffy bunny <the.fluffy.bunny@juno.com>]

Tom wrote:

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    is unpublished shall not itself bar a finding of fair 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. 

My reply:

You are correct in certain contexts, but incorrect in other instances.   
What you are citing in context is in relation to work that is reiterated
as part of an argument, or as support or background information.    It is
clear that this is not applicable to entire republication or individual
works of an author. 

Very truly yours, 
                        TFB  



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