fair use, DMCA, and the list

[tloc54452]

Well, I didn't want to get into this, but I have to comment that here we go again - stuff that definitely would not be a problem in person, that would be easily worked out, turns into a problem on the internet because people can't understand each other correctly from a few written words.  We should all know this by now.  If you knew John C in person, you'd know he's just trying to help the rest of us become better educated as to what's out there.  He's excited about educating us and he puts a great deal of effort into it.  I sure got educated!  I had no idea all those wonderful dial images were out there until John posted those images, and I never would have unless he'd done it.  We all owe John bigtime.  Sure he says stuff you might not like, in a manner you might not like (who doesn't do that on occasion?), but you gotta realize he is putting it out there for comment and is open to comment (as opposed to attack).  Just li! ke the rest of us posting here.  Hell, you want to see tactless, talk to _me_ some time, in person!  I'll show you tactless!

OK, all you other guys are right about the copyright law I'm sure.  Technically.  But just to see what a lawyer would say, I asked my son.  His comment is, "Not necessarily."  (Is nothing necessarily true in law?)  He says John must always respect the takedown law for copyrighted material obtained from the web (take it down if asked by the owner), but depending on how he's using it, he could be perfectly within his rights.  No permission or attribution required.  My son directed me to a law site which we can all access:
http://caselaw.lp.findlaw.com/casecode/uscodes/17/chapters/1/sections/section_107.html
where it says:

Laws: Cases and Codes : U.S. Code : Title 17 : Section 107

Section 107. Limitations on exclusive rights: Fair use

      Notwithstanding the provisions of sections 106 and 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 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.



    The fact that a work is unpublished shall not itself bar a finding

    of fair use if such finding is made upon consideration of all the

    above factors.

This section makes copyright law sound more human and understanding than I thought it was.

Best,
John B

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