Re: Fair use?

Subject: Re: Fair use?
From: Tracy Boyington <tracy_boyington -at- OKVOTECH -dot- ORG>
Date: Tue, 13 Apr 1999 15:52:38 -0500

> The simplest test of fair use (and I emphasize that it's also an
> overly _simplistic_ test in the legal sense) is to ask yourself
> this question: are you using the quoted material to _support_
> a well-prepared argument (or sales pitch) and add depth to it,
> or to avoid doing the work of supporting the rhetoric by your
> own efforts and your own creation of words or images?

Another important part of the fair-use test is: is your use of the
copyrighted work hurting the copyright owner's market? Have you quoted
so liberally from "Foo for Dummies" in your "Foo Plug-in Guide" that no
one will need to buy "Foo for Dummies?" This is considered a "weighting
factor" that, after all other things are considered, can push your
particular case either toward or away from being considered fair use.

Tracy
--
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Tracy Boyington mailto:tracy_boyington -at- okvotech -dot- org
Oklahoma Dept. of Vocational & Technical Education
Curriculum & Instructional Materials Center
Stillwater, Oklahoma http://www.okvotech.org/cimc/
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