When fair
use is made of copyrighted material without obtaining
permission, the issue is: what is "fair use"?
The United States Copyright
Act of 1976 [17 USC § 107] is one of the most authoritative
copyright laws in the world and says:
"Notwithstanding the provisions
of sections 106 and 106A [17 USC sects 106, 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 non-profit
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."
In compliance with
§ 107 and the above factors, our use of a photo(s), sound
or video excerpt(s) is strictly for non-profit educational
purposes, in support of information, criticism or comment,
namely, to convey visual, sound or video perception with respect
to a point(s) we make in our text(s). We have purposely confined
ourselves to shortness of a sound or video excerpt(s), reprocessed
a sound excerpt(s) to low bit rate and a video excerpt(s)
to high compression resulting in ghosting, to discourage piracy.
To the best of our knowledge, our use is "fair use".
Downloading
of our documents, photos, sound and video excerpts is possible
except for some file types kept in Gallery.They
may be used solely for personal, informational, educational,
other non-commercial purposes and may not be modified. Your
valued co-operation will ensure continuation of our strictly
non-commercial creative work.
The Administrator
and Chief Editor, Opera Gems.com
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”There
is one thing to be said for glory - you can take glory
with you, when it is your time to go”