| Sorry if I'm beating a dead dog, but have found this information you may
(ormay not) be interested in:
|
| The MLA Style Manual (2.1.13 Fair use of copyrighted works) states the the
| Copyright Act of 1976 has four criteria to keep in mind in deciding if a
| particular use is covered under the Fair Use clause.

Thanks for the source!

I think you are possibly misinterpreting the meaning of commerciality in
fair use.

Commercially selling items like cards, plagues, etc with someone one elses
work (even short quotes with full attribution ) on it is a violation of
copyright and often even trademark laws. Fair use only covers text content.
Movies, music and photo copyrights are not compromised under fair use laws.
A digital consumer advocacy is currently pushing Congress to accept a
digital consumer bill of rights. www.digitalconsumer.org

A (commercial) business web site (or collateral marketing materials) can
have short quotes properly attributed regardless if it is David Letterman or
the Pope without permission. Just like we an add famous quotes to our
signature lines on email, business or otherwise.

They cannot quote an entire speech or monologue or even a substantial
portion
of it but they can take a few sentences. Businesses and news reporters do
this and it is not illegal. That is why when one newsource gets a quote
wrong the others do (the negative side of not verifying sources).  In
journalism we were taught if the quote was so long it required permission we
were quoting way to much for good copy (with rare exceptions).

The Harvard Law school web site has extensive information on Intellectual
Property. Sorry I don't have the e-mail I'm writing this while commuting.

Facts cannot be copyrighted, so anyone can lift the facts out of
something and rewrite it as well. (Though the information is more credible
to many viewers if it is referenced.)

If the violations are copyright infringement, the first step  is a cease and
desist order. If you remove the content that is generally the end of it. The
lawsuits come when people do not comply with the cease and desist order.

And yes in government and education use there is a much wider freedom of
fair use.

Another interesting resource:

"The Senate Judiciary Committee has expanded its Web site to include a
section called "Protecting Creative Works in a Digital Age: What is at Stake
for
Content Creators, Purveyors and Users?" www.judiciary.senate.gov
The page will note the progress reports from the technology and content
community negotiations on digital rights management issues and has a place
for comments from consumers." -- ALAWON: American Library Association
Washington Office Newsline Volume 11, Number 21March 22, 2002

(That last paragraph is an example of fair use lifted from the attributed
source).

Kari <--- not an attorney but has taken classes in Intellectual Property and
worked in the field.

| Sorry if I'm beating a dead dog, but have found this information you may
(or
| may not) be interested in:
|
| The MLA Style Manual (2.1.13 Fair use of copyrighted works) states the
| Copyright Act of 1976 has four criteria to keep in mind in deciding if a
| particular use is covered under the Fair Use clause.
| "...
| 1. The purpose and character of the use, including whether it is of a
| commercial nature or for nonprofit educational purposes.
| 2. The nature of the copyrighted work.
| 3. The amount and substaniality of the portion used in relation to the
| copyrighted work as a whole.
| 4. The effect of the use on the potential market for or value of the work.
| ..."
|
| Under item number 1 above, "...fair use includes copying for purposes of
| criticism, comment, news reporting, teaching, scholarship, and
research..."
|
| >From the information I see in this excellent reference book, USE FOR
| COMMERCIAL PURPOSES (AND WEB SITES) WOULD BE PROHIBITED, and not covered
| under the Fair Use clause.  For additional authoritative information on
this
| subject, I would recommend your friend read the entire section of this
book
| on Copyrights. And in the words of the MLA Style Manual "...it is prudent
to
| assume there is copyright protection.
|
| Rosemary Steers
| The Write Words
|
|
|
|
|
|
|
| >From: Mike Taylor <lonewolf(at)one.net>
| >To: hwg-techniques(at)hwg.org
| >Subject: Using famous quotes on site
| >Date: Thu, 21 Mar 2002 10:39:32 -0500 (EST)
| >
| >I've been asked by someone to place a random quote on their page.  I
| >figured I'd just find me a book of famous quotes, stick them in a
database
| >and write a simple script to randomize them.
| >
| >Well, the person doesn't want me to do this because he's concerned about
| >copyright issues.  I didn't think it'd be a problem so long as you
| >attribute the quote to it's proper source, and I've seen countless sites
| >that have these stupid quotes on them (sorry, I think using quotes on a
| >professional site is silly, and told him so in not so many words).
| >
| >Anyone know of a copyright issue with quotes used in this fashion?  It's
| >not like they are using it to sell something, it's just for
| >inspiration...though it is on a commercial site.  I would appreciate
| >responses from those with hard facts, not opinions on the matter,
| >please.  I don't want to open up a big flame war on the topic.
| >
| >Mike
| >
| >
|
|
|
|
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