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The Chip Board Archive 23

Roy, a tough question, but one sure thing is...
In Response To: Photo copy write question? ()

The term you want to use is copyright, not copy write or copywrite.

Copyright is the term used to address having rights to ownership or publish or otherwise control something. Copywrite or copywriter, a less often used term, describes someone who writes textual content in the publication or advertising businesses.

But to your question (and I am by no means a legal authority, let alone a copyright specialist) but content out on the Internet that is marked with a copyright symbol or notice typically means that you need to get permission to use it elsewhere. Suggest you send a request to the webmaster of the site.

As for Fair Use, the US Copyright Office has this on their website:

One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U. S. Code). One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.

The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
The nature of the copyrighted work
The amount and substantiality of the portion used in relation to the copyrighted work as a whole
The effect of the use upon the potential market for, or value of, the copyrighted work
The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”

Copyright protects the particular way authors have expressed themselves. It does not extend to any ideas, systems, or factual information conveyed in a work.

The safest course is to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.

When it is impracticable to obtain permission, you should consider avoiding the use of copyrighted material unless you are confident that the doctrine of fair use would apply to the situation. The Copyright Office can neither determine whether a particular use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.


Messages In This Thread

Photo copy write question?
What I have done in the past is to ~~~
grin ...and after the last response is posted, can ~
Perhaps defined as Fair Use under "research".
Klickenzy this linque...
Looks like you answered your own question....
I will also make this comment....
He has responded in a most recent thread.
John There is one exception to copy write law
Re: Photo copy write question?
Roy, a tough question, but one sure thing is...
Roy, a tough question, but one sure thing is ©..
I didn't stay at a Holiday Inn
Jim, you really should try a Holiday Inn Express.
Thanks for your post Jim ...
Re: I didn't stay at a Holiday Inn
It's the Freakin Internet
Sorry Joel, but you are wrong. I guess...
Easier to Beg for Forgiveness..
Re: It's the Freakin Internet
Wow! Serious stuff!
How about references ....
Re: It's the Freakin Internet
Roy... are the chips from a yacht club...?
Thanks to all for help.
Sometimes 1,000 words is worth more than 1 picture

Copyright 2022 David Spragg