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Copyright
"None
of the material on this website, www.voodooorb.com, has
been uploaded for financial profit, but is merely there
for education and research purposes under the 'Fair Use'
laws".
(The fair use doctrine is a privilege in others than the
owner of the copyright to use the copyrighted material in
a reasonable manner without his or her consent. The reasonableness
of a use is determined on a case-by-case basis applying
an equitable rule of reason analysis. There are four factors
in determining whether the use was a "fair use":
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.)
"However, if anyone feels that we have breached the
copy write laws by using their own material (or the material
of anyone officially represented by the person(s) making
the complaint), please contact us in the first instance
and we will be glad to remove the offending items, if we
have in fact done so (e-mail link at left)".
"Also relevant to potential copyright issues, we do
often pilfer banners of websites, however this is always
done with the understanding that the original images we
take, will be used as a link to the website from which it
came".
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-c.html#3
Internet Cases
· Not a fair use. Entire publications of the Church
of Scientology were posted on the Internet by several individuals
without Church permission. Important factors: Fair use is
intended to permit the borrowing of portions of a work,
not complete works. (Religious Technology Center v. Lerma,
40 U.S.P.Q. 2d 1569 (E.D. Va. 1996).)
· Fair use. The Washington Post used three brief
quotations from Church of Scientology texts posted on the
Internet (see previous case). Important factors: Only a
small portion of the work was excerpted and the purpose
was for news commentary. ( Religious Technology Center v.
Pagliarina, 908 F. Supp 1353 (E.D. Va. 1995).)
Fair use is a copyright principle based on the belief that
the public is entitled to freely use portions of copyrighted
materials forpurposes of commentary and criticism. For example,
if you wish to criticize a novelist, you should have the
freedom to quote a portion of the novelist's work without
asking permission. Absent this freedom, copyright owners
could stifle any negative comments about their work.
Unfortunately, if the copyright owner disagrees with your
fair use interpretation, the dispute will have to be resolved
by courts or arbitration. If it's not a fair use, then you
are infringing upon the rights of the copyright owner and
may be liable for damages.
The only guidance is provided by a set of fair use factors
outlined in the copyright law. These factors are weighed
in each case to determine whether a use qualifies as a fair
use. For example, one important factor is whether your use
will deprive the copyright owner of income. Unfortunately,
weighing the fair use factors is often quite subjective.
For this reason, the fair use road map is often tricky to
navigate.
This chapter explains the various rules behind the fair
use principle. To help you get a feel for which uses courts
consider to be fair uses and which ones they don't, we provide
several examples of fair use lawsuits at the end of this
chapter.
For educational fair use guidelines, see Chapter 7, which
deals with academic permissions.
http://www.copyright.gov/fls/fl102.html
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 Act (title 17, U. S. Code). One of the
more important limitations is the doctrine of “fair
use.” Although fair use was not mentioned in the previous
copyright law, the doctrine has developed through a substantial
number of court decisions over the years. This doctrine
has been codified in section 107 of the copyright law.
FAIR USE NOTICE
This site may contain 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 political, human rights, economic,
democracy, 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.
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.
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.
Copyright and Trademark
You should assume that the Site and all of its contents
and components (including Submissions, underlying code,
graphics, etc.) are copyrighted, and that, except for a
single copy for your personal use only, you may not copy,
resell, or redistribute any part of the Site in any manner
without the express written permission of the owner(s).
Copyright ) 1999-2001 Office.com Inc. All rights reserved.
Patents pending. "Office.com" is a registered
service mark, and the Office.com logo is a service mark,
of Winstar Communications Inc. and are used under license.
All other trademarks are trademarks or registered trademarks
of their respective owners. Nothing in these TOS grants
you any right to use any trademark, service mark, logo,
or trade name of OCI or any Third Party.
Copyright Owners' Rights Under the Digital Millennium
Copyright Act Of 1998
The Digital Millennium Copyright Act of 1998 (the "DMCA")
provides recourse for copyright owners who believe that
material appearing on the Internet infringes their rights
under US copyright law. If you believe that something appearing
on the Site infringes your copyright, you may send us a
notice requesting that it be removed, or access to it blocked.
If you believe that such a notice has been wrongly filed
against you, the DMCA lets you send us a counter-notice.
Notices and counter-notices must meet the DMCA's requirements.
We suggest that you consult your legal advisor before filing
a notice or counter-notice. Be aware that there can be substantial
penalties for false claims. You can find more information
at the U.S. Copyright
Office web site.
Send notices and counter-notices to: Barry J. Ohlson, Winstar
Communications, Inc., 1615 L Street, N.W., Suite 1260, Washington,
DC 20036, telephone 202-367-7600; or, you can e-mail them
to bohlson@winstar.com, or fax them to 202-659-1931. Please
do not use this contact information for any other purpose.
If you need to contact us for any other reason, please use
our Contact Us section
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