Re: Military Movement and Climate Change
From: Ford Prefect (tommysfanclub_at_yahoo.com)
Date: 02/07/05
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Date: Mon, 7 Feb 2005 07:02:10 -0800
"Paul A Thomas" <taxman@negia.net> wrote in message
news:110ep3pqm90ol4d@corp.supernews.com...
>
> <knews4u2chew@yahoo.com> wrote
> Russian Military Movements towards Protected Areas Beginning
>
> By: Sorcha Faal, and as reported to her Russian Subscribers
>
> © February 3, 2005, EU and US all rights reserved.
>
> --------------------------------------
>
> I see you don't have any problems breaking copyright laws.
>
You really are a moron. This is a newsgroup, dummy. Read it and weep.
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
United States Code: Title 17, Section 107
http://www4.law.cornell.edu/uscode/unframed/17/107.html
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is unpublished shall not itself bar a finding of fair use if such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.
TO: Members of the Faculty, Hoover Institution Fellows,
Academic Staff, and Library Directors
FROM: Condoleezza Rice, Provost
RE: Copyright Reminder
October 30, 1998
This memorandum provides a general description of the applicability
of the copyright law and the so-called "fair use" exemptions to the
copyright law's general prohibition on copying. It also describes
"safe harbor" guidelines applicable to classroom copying.
The federal copyright statute governs the reproduction of works of
authorship. In general, works governed by copyright law include such
traditional works of authorship as books, photographs, music, drama,
video and sculpture, and also software, multimedia, and databases.
Copyrighted works are protected regardless of the medium in which
they are created or reproduced; thus, copyright extends to digital
works and works transformed into a digital format.
Copyrighted works are not limited to those that bear a copyright notice. As
a result of
changes in copyright law, works published since March 1, 1989 need not
bear a copyright notice to be protected under the statute.
Two provisions of the copyright statute are of particular importance
to teachers and researchers:
* a provision that codifies the doctrine of "fair use," under which
limited copying of copyrighted works without the permission of the
owner is allowed for certain teaching and research purposes; and
* a provision that establishes special limitations and exemptions
for the reproduction of copyrighted works by libraries and archives.
The concept of fair use is necessarily somewhat vague when discussed
in the abstract. Its application depends critically on the particular
facts of the individual situation. Neither the case law nor the
statutory law provides bright lines concerning which uses are fair
and which are not. However, you may find it helpful to refer to
certain third party source materials. Guidelines for classroom
copying by not-for-profit educational institutions have been
prepared by a group consisting of the Authors League of America,
the Association of American Publishers, and an ad hoc committee
of educational institutions and organizations. In addition, fair
use guidelines for educational multimedia have been prepared by
a group coordinated by the consortium of College and University
Multimedia Centers (CCUMC). These guidelines describe safe harbor
conditions, but do not purport to define the full extent of
"fair use."
The guidelines, as well as other source material, are available
through a variety of resources, including through the world wide
web site http://fairuse.stanford.edu. Stanford University
Libraries & Academic Information Resources, in collaboration
with the Council on Library Resources and FindLaw Internet Legal
Resources, are sponsors of this web site. The site assembles a
wide range of materials related to the use of copyrighted material
by individuals, libraries, and educational institutions.
I hope that the discussion below helps to clarify further the
nature of "fair use."
I. Fair Use for Teaching and Research
The "fair use" doctrine allows limited reproduction of
copyrighted works for educational and research purposes.
The relevant portion of the copyright statue provides that
the "fair use" of a copyrighted work, including reproduction
"for purposes such as criticism, news reporting, teaching
(including multiple copies for classroom use), scholarship,
or research" is not an infringement of copyright. The law lists
the following factors as the ones to be evaluated in determining
whether a particular use of a copyrighted work is a permitted
"fair use," rather than an infringement of the copyright:
* the purpose and character of the use, including whether such
use is of a 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, and
* the effect of the use upon the potential market for or value
of the copyrighted work.
Although all of these factors will be considered, the last factor
is the most important in determining whether a particular use is
"fair." Where a work is available for purchase or license from the
copyright owner in the medium or format desired, copying of all or
a significant portion of the work in lieu of purchasing or licensing
a sufficient number of "authorized" copies would be presumptively
unfair. Where only a small portion of a work is to be copied and the
work would not be used if purchase or licensing of a sufficient number
of authorized copies were required, the intended use is more likely to
be found to be fair.
A federal appeals court recently decided an important copyright fair
use case involving coursepacks. In Princeton University Press,
et.al. v. Michigan Document Services, the U.S. Court of Appeals for
the Sixth Circuit concluded that the copying of excerpts from books
and other publications by a commercial copy service without the
payment of fees to the copyright holders to create coursepacks for
university students was not fair use. The size of the offending
excerpts varied from 30 percent to as little as 5 percent of the
original publications. Although the opinion in this case is not
binding in California, it is consistent with prior cases from
other courts, and there is a reasonable likelihood that the
California federal courts would reach a similar conclusion on
similar facts.
Where questions arise, we suggest that you consult the guidelines
for classroom copying and other available source material available
on the fair use web site, cited above. Please note that the
guidelines are intended to state the minimum, not the maximum,
extent of the fair use doctrine. Thus, just because your use is not
within the guidelines, it is it not necessarily outside the scope
of fair use. In the absence of a definitive conclusion, however,
if the proposed use deviates from the guidelines, you should consider
obtaining permission to use the work from the copyright owner.
In instances where the fair use question is important and permission
would be difficult or expensive to obtain, a member of the Fair Use
Advisory Group (described below) or the Legal Office can assist in
analyzing whether a particular proposed use would constitute
"fair use."
Some photocopying services will obtain copyright permission and
add the price of the royalties, if any, to the price of the
materials. A request to copy a copyrighted work should generally
be sent to the permission department of the publisher of the work.
Permission requests should contain the following:
* Title, author, and/or editor, and edition
* Exact material to be used, giving page numbers or chapters
* Number of copies to be made
* Use to be made of the copied materials
* Form of distribution (classroom, newsletter, etc.)
* Whether the material is to be sold
Draft form letters can be obtained from or reviewed by a member
of the Fair Use Advisory Group or the Legal Office.
For certain works, permission may also be sought from the Copyright
Clearance Center (CCC) which will quote a charge for works for
which they are able to give permission. The Copyright Clearance
Center can be contacted at www.copyright.com or (978) 750-8400,
but it may be easier to go through a copying service that deals
regularly with the CCC.
II. Course Reserves
Some libraries at Stanford will refuse to accept multiple
photocopies or to make photocopies of copyrighted materials
needed for course reserves without first having permission
from the copyright holder. Other libraries on campus will
accept a limited number of photocopies for course reserves.
Consult individual libraries for clarification of their policies.
While the libraries have blanket permission from dozens of
journals, obtaining permission sometimes takes a good deal of
time. Experience in obtaining permission has shown that an
inquiry addressed to a journal publisher frequently produces
information that the copyright is actually held by the author,
and four weeks is often inadequate to obtain such permission.
Four to six weeks is considered the norm.
Permission may be obtained in a number of ways:
* Upon request, some libraries on campus will obtain materials
for course reserve. In these cases, the librarian will write to
obtain permission to photocopy or to purchase reprints. However,
most libraries do not provide this service.
* Written permission may be obtained by the academic department.
* Oral permission may be obtained by faculty members, departmental
secretaries, or library staff, in which case a written record is
needed of that action.
Note that filling course reserve requirements may require two
to three months before the quarter begins if the library does
not already have a copy of the publication, if the publication
is out of print, or if the copyright holder is not readily available.
III. Resources
Additional information on copyright issues may be found on the
world wide web site http://fairuse.stanford.edu.
Thank you for your cooperation in ensuring the observation
of these guidelines.
-- Hello from 2005... To the past, or to the future. To an age when thought is free. >From the Age of Big Brother, from the Age of the Thought Police, from a dead man... greetings.
- Next message: BlackWater: "Re: Are nukes the answer to global warming?"
- Previous message: Ford Prefect: "Re: Military Movement and Climate Change"
- In reply to: Paul A Thomas: "Re: Military Movement and Climate Change"
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