Re: drug marketing upstaging science




Barry wrote:
> http://www.law.cornell.edu/uscode/17/107.shtml says:
> --------------------
> 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.
> --------------------
>
> I'll give you the benefit of the doubt on the first two. For a better
> idea on how to consider the above factors, I consulted
> http://www.library.northwestern.edu/reserve/copyrightbasics.html which
> says "Several university web sites present fair use checklists that may
> help you apply the fair use doctrine to individual cases." I clicked
> "University of Texas Fair Use Rules of Thumb" (
> http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm#test ).
>
> The rules of thumb page lists the four fair-use factors, with some
> example uses under each. "Uses on the left tend to tip the balance in
> favor of fair use. The use on the right tends to tip the balance in
> favor of the copyright owner - in favor of seeking permission."
>
> In the example uses for "FACTOR 3: How much of the work will you use,"
> "small amount" is on the left and "more than a small amount" is on the
> right. The explanation of factor 3 says "A nonprofit use of a whole
> work will weigh somewhat against fair use." It looks like factor three
> is against you.
>
> The three example uses for "FACTOR 4: If this kind of use were
> widespread, what effect would it have on the market for the original or
> for permissions" are as follows:
>
> Left: After evaluation of the first three factors, the proposed use is
> tipping towards fair use
>
> Center: Original is out of print or otherwise unavailable. No ready
> market for permission. Copyright owner is unidentifiable
>
> Right: Competes with (takes away sales from) the original. Avoids
> payment for permission (royalties) in an established permissions
> market.
>
> The "right" example fits best again. You republished an article from a
> commercial website that relies, at least in part, on Google ads for
> revenue, and you didn't even link to the page.
>
> outrider wrote:
> > We are making such material available in our efforts...
>
> Who's we?


Well I don't live in the States but it seems to me the site I linked
(within my example of a Fair Use tag) is a very good one.

However if you disagree I suggest you take it up with them.

.

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