TwinTurbo.NET: Nissan 300ZX forum - SZR - What is Fair Use
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Subject SZR - What is Fair Use
     
Posted by Adam (NoVA) on December 05, 2010 at 11:30 AM
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Message Folks sometimes receive e-mail in response to posts made on twinturbo.net, and as of late many of our favorite vendors have begun attaching a copyright notice to their e-mails. This is done in an attempt to give the impression to the recipient that if they reproduce the e-mail, there is, or may be a civil liability attached to it.

This is simply untrue, and is typical of the bullying we see from these folks on a day to day basis.

I present to you TITLE 17 > CHAPTER 1 > § 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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

[ http://www.law.cornell.edu/uscode/17/107.html ]
[ http://www.templetons.com/brad/copymyths.html ]
[ http://w2.eff.org/IP/eff_fair_use_faq.php ]

So, unless these vendors believe they have the legal wherewithal to completely rewrite existing case law pertaining to Fair Use and Copywrite, your publishing of their e-mail for purposes of criticism are completely valid under Fair Use.

IANAL, but I aint retarded either.

1993 Ultra Red Z32 TT Convertible
2003 R50 2+2 4WD

"boobies have power" - Bernie(NoVA)

     
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