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#21 | |||
Member
Join Date: Oct 2008
Location: Manila, Phils.
Posts: 1,042
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![]() There is a simple fourfold test on whether the use of an original material falls under fair use or not. One version can be found here. In summary, the use of copyrighted material falls under fair use if: (a) the original material is being used for commentary, analysis, etc.; (b) the content of the original work being quoted pertains more to factual info rather than original creative work; (c) the portion of the original work being used is just a small portion and it is not the heart of the original work; and (d) the use of the original work does not prejudice the original author commercially. In general, I think all postings of quotes and pics here in the forum satisfy item "a" above. And said item "a" is in fact the key criterion in determining fair use. Again in general, all postings of portions of original materials here in the forum pertain to factual matters (e.g., blade attributes, etc.), rather than to creative work, hence to me criterion "b" is satisfied as well. As for the portion of the original work being used (item "c"), I think we all just post snippets of the original work. And we don't put in our posts the bulk or the entirety of somebody's work. To be more specific, in the color plates posted here, we'll notice that some if not most pertain to just the cover of that specific title. And even in the few cases above where there were several color plates posted from one particular title, I don't think the set of plates constitutes the substantive portion of that title. For all of us who enjoy buying and collecting those Osprey titles (I myself have dozens), we certainly all appreciate that those color plates are just but a portion of the tons of info we get from those books. Which leads us to the 4th and last consideration -- is the author or the publisher of the book being commercially prejudiced by the posting of portions of his/her work in the Internet? My personal opinion on that 4th criterion as applied to the case at hand is that there is no harm being done. In fact those who have been made aware of how good the Osprey series is (by getting a preview of what's in a title) might actually be enticed to buy the book. And I sure hope he does, as he won't regret it. But that's just my layman's interpretation of the application of the fair use principle in regard to the query. So Fearn, I support fully all the points you've mentioned ![]() I'm sure we'd both like to hear from the others as well. We are all ears ![]() |
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