[lbo-talk] Listserv legalities: public use of private sources - what are the rules?

Bryan Atinsky bryan at alt-info.org
Tue Oct 4 13:19:10 PDT 2005


Here is the actual wording of the Fair Use section in the Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code:

http://www.copyright.gov/title17/92chap1.html#107

§ 107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords 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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Chuck0 wrote:
> Dwayne Monroe wrote:
>
>> What are the rules regarding reproducing -- in whole or in part --
>> articles from
>> closed, fee-based sources like the WSJ? Does doing so expose list
>> members and
>> managers to risk?
>
> No, not really. If you were posting substantial amounts of their
> content, they would have a beef against you and the listowners, but if
> you are sending the occasional article from WSJ that falls well within
> the "fair use" provisions of the copyright law. Fair use allows people
> to share articles with groups of co-workers, students, friends, etc.
>
> Chuck0
> ___________________________________
> http://mailman.lbo-talk.org/mailman/listinfo/lbo-talk
>

-- Bryan Atinsky Editor, News from Within e-mail: bryan at alt-info.org Tel: (972)2-624-1159 P.O. Box 31417, Jerusalem 91313 http://www.newsfromwithin.org http://www.alternativenews.org



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