15 janvier 2009

Fair Use (1)

Folsom v. Marsh 9 F.Cas. 342 (C.C.D. Mass. 1841) (pdf):
"...no one can doubt that a reviewer may fairly cite largely from the original work, if his design be really and truly to use the passages for the purposes of fair and reasonable criticism."

Copyright Act of 1976, 17 U.S.C. § 107:
"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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."

2 commentaires:

jmac a dit…

The Fair Use Copyright Act of 1976 is not where copyright questions end. It is where copyright questions begin! :)

M.M. a dit…

I must say, you have the best tags!