Re: Fair use?

[Johndan Johnson-Eilola <johndan -at- PURDUE -dot- EDU>]

I've only followed portions of this thread, but if no one else has pointed
to this yet, the Stanford Fair Use site is a crucial resource
<http://fairuse.stanford.edu/>.

The four factors of fair use traditionally applied include

        1. The character & purpose of the use--including whether it's
           commercial or nonprofit

        2. The nature of the copyrighted work

        3. The amount (and importance) of the portion of the whole

        4. The effect of use on the original's market

The fourth factor is normally considered the most important to courts
(since these cases often deal in financial impact of copyright
infringement).

So quoting from someone else's work to establish context--as Geoff
argues--does seem somewhat protected under the first factor, it is limited
greatly by other factors. (I should also point out that these Fair Use
guidelines are largely U.S. based.)

- Johndan

At 3:52 PM -0500 4/13/99, Tracy Boyington wrote:

> > 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
> --
> ===========================================================
> 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/
> ===========================================================


- Johndan Johnson-Eilola
  Director of Professional Writing
  Department of English                            voice: 765.494.3772
  Purdue University                         <mailto:johndan -at- purdue -dot- edu>
  West Lafayette, IN 47907-1356     <http://tempest.english.purdue.edu>

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