The Copyright Act & Heath Manuals & Ham Radio Hobbyists

[WB4LNM]

With regard to the comments that Randy Kaeding (hi Randy!) made on copyright
infringement, I am very sure from working with Randy previously that he is
absolutely right about the provisions on the term of the copyright.  I must
also say that although I do monitor the Heath group daily, I did not see what
kicked off this thread of discussion.  I hope that we do not go overboard with
the legal implications of the copyright law that would keep us from achieving
our *personal*  goals in the hobby (and I mean hobby, not commercial
electronics).

I fully agree that someone who does nothing but make (actually, "publish")
copies of manuals as a business is breaking the law.  However, I don't agree
that it is the letter or intent of the law to prohibit someone from making a
photocopy of a critical part of a manual to assist the hobbyist in fixing,
maintaining, or learning the operation of his / her ham radio equipment.  I
would say that this is especially true if the manufacturer was no longer in
business, or had no business interest in supporting old equipment.

I believe that Paragraph 107 of the Copyright Act supports this position.  I
have cut and pasted that below (I hope the Copyright Law is not copyrighted!).
I certainly would present that MY interest in copying a part of a manual falls
under the "...scholarship, or research..." fair use criteria.  I can certify
that each time I fix something it is a learning experience!  My use is
certainly for non-profit educational purposes.  I hope yours is, too.  73

John...  WB4LNM

Paragraph 107 of the Copyright Act follows:

107)  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.

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