MUSEUM-L Archives

Museum discussion list

MUSEUM-L@HOME.EASE.LSOFT.COM

Options: Use Forum View

Use Monospaced Font
Show HTML Part by Default
Show All Mail Headers

Message: [<< First] [< Prev] [Next >] [Last >>]
Topic: [<< First] [< Prev] [Next >] [Last >>]
Author: [<< First] [< Prev] [Next >] [Last >>]

Print Reply
Subject:
From:
Terry Peeler <[log in to unmask]>
Reply To:
Museum discussion list <[log in to unmask]>
Date:
Wed, 12 Mar 2003 13:24:34 +0000
Content-Type:
multipart/alternative
Parts/Attachments:
text/plain (1855 bytes) , text/html (2431 bytes)
Greetings All,
    As an attorney, who by the way doesn't mind getting paid for doing work, I will weigh in on this topic as I deal with it quite a bit in my practice.  Fair use does not give the user, even a fair one, carte blanche.  What is critical to a determination is the criteria Roy Hemmat shared providing a link to section 107 of Chapter 17 of the US Code.  The most important part of that section for our purposes is
        "3)  the amount and substantiality of the portion used in relation to the copyrighted work as a whole..."

    It is fair use to properly quote from a source, that would be taking a portion.  However, when an entire article is copied---"work as a whole,"  that leans more toward unfair use even though the user is a nonprofit or uses the material for educational purposes.  Of course it also depends upon the copyright holder's grant of permission which makes it critical to check the grant of rights that each site lists to make sure your use does not infringe.

    The reality is that there is no "one size fits all" in this area.  The safest thing to do is as suggested and provide the link to the information or provide the address where interested parties can retrieve it from the source.

Peace

---

Terry Peeler, Esquire
Art & Entertainment Law
215-575-1180-p
[log in to unmask]

=========================================================
Important Subscriber Information:

The Museum-L FAQ file is located at http://www.finalchapter.com/museum-l-faq/ . You may obtain detailed information about the listserv commands by sending a one line e-mail message to [log in to unmask] . The body of the message should read "help" (without the quotes).

If you decide to leave Museum-L, please send a one line e-mail message to [log in to unmask] . The body of the message should read "Signoff Museum-L" (without the quotes).


ATOM RSS1 RSS2