Re: response to L.Keller's question

Earl Skelton ( skelton@anvil.nrl.navy.mil )
Mon, 20 Jan 97 16:05:33 EST

It is illegal for anyone to use copyrighted material without permission,
however there is a major limitation to this law, the "Fair Use" doctrine.
The following information may be relevant to the issue(s) at hand:

The following text is from the U.S. Copyright Office: "Copyright is a form
of protection provided by the laws of the United States (title 17, U.S.
Code) to the authors of 'original works of authorship'... It is illegal
for anyone to violate any of the rights provided by the Act to the owner of
the copyright. These rights, however, are not unlimited in scope. ...
One major limitation is the doctrine of 'fair use' which gives a statutory
basis in section 107 of the act."

Title 17 - Copyrights
Chapter 1 - Subject Matter and Scope of Copyright
Head Sec. 107 - Limitations on exclusive rights: Fair use

Statue: Notwithstanding the provisions of sections 106 and 106A,
the fair use of a
copyrighted work, including such use by reproduction in copies or
photographs or by any other
means specified by the 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 The fact that a work is unpublished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.

Source: (Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2546;
Pub. L. 101-650, title VI, Sec. 607, Dec. 1, 1990; Stat. 5132; Pub. L.
102-492, Oct. 24, 1992, 106 Stat. 3145.)

Earl F. Skelton
voice (202)-767-3014 () Naval Research Laboratory
FAX (202)-767-4868 </-- Washington, DC 20375-5345
e-mail: Skelton@NRL.Navy.Mil _/\
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