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FAIR USE NOTICE.
Many of the stories on this site contain copyrighted material
whose use has not been specifically authorized by the
copyright owner. We are making this material available in its
efforts to advance the understanding of environmental issues
and sustainability, human rights, economic and political
democracy, and issues of social justice. We believe this
constitutes a 'fair use' of the copyrighted material as
provided for in Section 107 of the US Copyright Law. If you
wish to use such copyrighted material for purposes of your own
that go beyond 'fair use'...you must obtain permission from
the copyright owner. FAIR USE NOTICE.
This site contains copyrighted material the use of which has
not always been specifically authorized by the copyright
owner. We are making such material available in our efforts to
advance understanding of environmental,
political, human rights, economic, democracy,
scientific, and social justice issues, etc..
We believe this constitutes a 'fair use' of any such
copyrighted material as provided for in section 107 of the US
Copyright Law. If you wish to use copyrighted material from
this site for purposes of your own that go beyond 'fair use',
you must obtain permission from the copyright owner.
In accordance with Title 17 U.S.C. Section 107, the material
on this site is distributed without profit to those who have
expressed a prior interest in receiving the included
information for research and educational purposes. For more
information go to:
http://www.law.cornell.edu/uscode/17/107.shtml
Notwithstanding the provisions of
sections 106 and 106A, the fair use of a copyrighted work,
including such use by reproduction in copies or
phono records 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.
United States Code: Title 17, Section 106 Chapter 1 - Subject
Matter And Scope of Copyright
http://www4.law.cornell.edu/uscode/unframed/17/106.html
Subject to sections 107 through
120, the owner of copyright under this title has the exclusive
rights to do and to authorize any of the following: (1) to
reproduce the copyrighted work in copies or
phono records; (2) to prepare
derivative works based upon the copyrighted work; (3) to
distribute copies or phono records
of the copyrighted work to the public by sale or other
transfer of ownership, or by rental, lease, or lending; (4) in
the case of literary, musical, dramatic, and choreographic
works, pantomimes, and motion pictures and other audiovisual
works, to perform the copyrighted work publicly; (5) in the
case of literary, musical, dramatic, and choreographic works,
pantomimes, and pictorial, graphic, or sculptural works,
including the individual images of a motion picture or other
audiovisual work, to display the copyrighted work publicly;
and (6) in the case of sound recordings, to perform the
copyrighted work publicly by means of a digital audio
transmission.
TO: listeners of the Faculty, Hoover Institution
Fellows,
Academic Staff, and
Library Directors
FROM: Condoleezza Rice, Provost
RE: Copyright Reminder
October 30, 1998
This memorandum provides a general
description of the applicability of the copyright law and the
so-called "fair use" exemptions to the copyright law's general
prohibition on copying. It also describes "safe harbor"
guidelines applicable to classroom copying.
The federal copyright statute governs the
reproduction of works of authorship. In general, works
governed by copyright law include such traditional works of
authorship as books, photographs, music, drama, video and
sculpture, and also software, multimedia, and databases.
Copyrighted works are protected regardless of the medium in
which they are created or reproduced; thus, copyright extends
to digital works and works transformed into a digital format.
Copyrighted works are not limited to those that bear a
copyright notice. As a result of changes in copyright law,
works published since March 1, 1989 need not bear a copyright
notice to be protected under the statute.
Two provisions of the copyright statute
are of particular importance to teachers and researchers:
* a provision that codifies the doctrine of
"fair use," under which limited copying of copyrighted works
without the permission of the owner is allowed for certain
teaching and research purposes; and
* a provision that
establishes special limitations and exemptions for the
reproduction of copyrighted works by libraries and archives.
The concept of fair use is
necessarily somewhat vague when discussed in the abstract. Its
application depends critically on the particular facts of the
individual situation. Neither the case law nor the statutory
law provides bright lines concerning which uses are fair and
which are not. However, you may find it helpful to refer to
certain third party source materials. Guidelines for classroom
copying by not-for-profit educational institutions have been
prepared by a group consisting of the Authors League of
America, the Association of American Publishers, and an ad hoc
committee of educational institutions and organizations. In
addition, fair use guidelines for educational multimedia have
been prepared by a group coordinated by the consortium of
College and University Multimedia Centers (CCUMC). These
guidelines describe safe harbor conditions, but do not purport
to define the full extent of "fair use."
The guidelines, as well as other
source material, are available through a variety of resources,
including through the world wide web
site http://fairuse.stanford.edu. Stanford University
Libraries & Academic Information Resources, in collaboration
with the Council on Library Resources and
FindLaw Internet Legal Resources, are sponsors of this
web site. The site assembles a wide range of materials related
to the use of copyrighted material by individuals, libraries,
and educational institutions.
