Dear Human Being,
Fair Use does not come into play, as I previously stated, when you
"agree" by using the site that you visit---either reading, exploring, etc.,
that you will abide by the rules of the site including whatever they post as
their copyright restrictions: please see earlier post from Tim regarding
what the Chicago Tribune will and will not allow. I don't think that fair
use will help you here. In using their site, you are in essence, making a
contract with them that you will only use the material as stated in their
policy.
Ordinarily, you are not required to obtain permission from the copyright
holder for a fair use, however, your visit to and use of an Internet site,
"will" by its very nature, imply that you agree to abide by whatever if any,
limitations the site places upon you. In this instance you are indeed
seeking the "authorized permission" of the copyright holder. And again, if
they don't give it, you don't got it. Believe it or not.
Theresa Peeler
----- Original Message -----
From: "human being" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, March 13, 2003 1:46 AM
Subject: Re: Fair Use
for your information, Fair-Use may be used without the
authorized permission of the copyright holder. not that
this is a best-practice, but it does not prevent fair-use,
that is, a blanket-copyright statement, either. bc
On Wednesday, March 12, 2003, at 02:19 PM, Terry Peeler wrote:
> Listers,
> When you visit a web site, you agree tacitly or otherwise, to
> accept the terms and conditions imposed by the site. This includes
> agreeing to adhere to whatever is stated as their copyright
> restrictions. At that point, you are totally out of the realm of
> "fair use." You have agreed to abide by the conditions imposed,
> whatever they may be. Fair use does not trump all, which is why I
> stated previously that you have to, as in must, read what copyright
> rights the owner is granting you in visiting the site. If you don't
> have the right, you can't use it and fair use will not save you.
>
> Peace
> ---
> Terry Peeler, Esquire
> Art & Entertainment Law
> 215-575-1180-p
> [log in to unmask]
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