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nafex - Re: [NAFEX] Pomona in PDF

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  • From: Thomas Olenio <tolenio@sentex.net>
  • To: North American Fruit Explorers <nafex@lists.ibiblio.org>
  • Subject: Re: [NAFEX] Pomona in PDF
  • Date: Mon, 03 Mar 2003 08:29:06 -0500

Hello,

In regards to copyright, I do not think it is as bullet proof as many people
think, and that is a
good thing.

Copyright will protect you from someone stealing your work and profiting by
it.

However the "fair use" exemption to (U.S.) copyright law was created to allow
things such as
commentary, parody, news reporting, research and education about copyrighted
works without the
permission of the author.

If I was to copy a page of Pomona and send it to a friend, along with my
opinion of the work, or
to educate my friend about the content I am well within the law, and so it
should be.

The example sited regarding a single page going to a friend would appear to
be a "fair use".

So the next time you think that no one can copy your work (in part) for the
purposes of
education, research, commentary, news or parody think again.

Here is the section of the copyright law dealing with fair use;

=====================
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The fact that a work is unpublished shall not itself bar a finding of fair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

==================

Since NAFEX is purely educational and research based, and there are many
conflicting opinions
"fair use" has a lot of latitude here.

Later,
Tom

list@ginda.us wrote:

> What might have been one guy
> giving a copy of one page to a friend on paper can become someone else
> "publishing" the same text on another forum.




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