COPYRIGHT-L Archives

From: "Paula Wiegand" <>
Subject: Re: "Who owns the law?"
Date: Thu, 17 May 2001 13:34:01 -0400
In-Reply-To: <20010517.114337.-205605.5.alexrobbin@juno.com>

On 17 May 2001, at 11:43, wrote:

> The reply below is an example of taking something out of context. The
> context was the J.A.I.L. founder Ron Branson's criticism/comment/news
> reporting of the information in the article.

What a ridiculous comment. You sent a copyrighted article without
the copyright holder's permission. That the Union-Tribune article
was used to put Ron Branson's copyrighted comments in context
has no bearing whatsoever on my incredulity.

> "NOTICE: In accordance with Title 17 U.S.C. Section 107, this material
> is distributed without profit to those who have expressed a prior
> interest in receiving the included information for research and
> educational purposes." (As at
> http://gastricbypass.netfirms.com/otherside.htm )

I fail to see how the Weight Loss Surgery Information Center can
be considered an authority on copyright law.

> A search of Google with the words ""Title 17 U.S.C. section 107"
> yields 368 hits. The first one is
> http://www4.law.cornell.edu/uscode/17/107.html, defining fair use.
> Alexandra

Did you miss the four factors used by the courts to determine fair
use? I draw your attention to:

(3) the amount and substantiality of the portion used in relation to
the copyrighted work as a whole;

and the US Copyright Office FAQ, answer to question 60 (at
http://www.loc.gov/copyright/faq.html#q60 ) which states in part:

There are circumstances under the fair use doctrine where a quote
or a sample may be used without permission.
However, in cases of doubt, the Copyright Office recommends that
permission be obtained."

Paula

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