The copyright issue, again?

[Barry A. Watzman]

>re: "It's pretty obvious that the making a partial or complete copy of a Heath
manual for the purpose of helping a ham buddy restoring a piece of equipment
comes under the "fair use" provisions."

I don't see how you can draw that conclusion in terms of the entire manual or a substantial portion thereof.  A page or two I would grant you; as for paragraph (1), the courts have held that it almost needs to be in a classroom situation, and even then they have held the duplication of entire documents or substantial portions thereof to be in violation.  Indeed, I believe that it is clearly a violation of copyright laws when the copyright owner is still in business, has explicitly stated that copies are not authorized and that they [the copyright owner] will sell such manuals.

Barry Watzman


----------
From:  Robert Nickels [SMTP:ranickel at MWCI.NET]
Sent:  Monday, April 19, 1999 10:25 PM
To:  HEATH at LISTSERV.TEMPE.GOV
Subject:  The copyright issue, again?

Hi All,

We need to all remember that (contrary to popular belief) copying of
copyrighted material is NOT necessarily a violation of law!

Straight from title 17 of the United States Code:
Sec. 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The fact that a work is unpublished shall not itself bar a finding of fair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"

It's pretty obvious that the making a partial or complete copy of a Heath
manual for the purpose of helping a ham buddy restoring a piece of equipment
comes under the "fair use" provisions.   Now - back to green stuff?

73, Bob W9RAN

--- --- --- --- --- --- --- --- --- --- --- --- --- --
To subscribe: listserv at listserv.tempe.gov
and in body: subscribe HEATH yourfirstname yourlastname
To unsubscribe:  listserv at listserv.tempe.gov
and in body: signoff HEATH
Archives for HEATH: http://www.tempe.gov/archives
--- --- --- --- --- --- --- --- --- --- --- --- --- --

--- --- --- --- --- --- --- --- --- --- --- --- --- --
To subscribe: listserv at listserv.tempe.gov
and in body: subscribe HEATH yourfirstname yourlastname
To unsubscribe:  listserv at listserv.tempe.gov
and in body: signoff HEATH
Archives for HEATH: http://www.tempe.gov/archives
--- --- --- --- --- --- --- --- --- --- --- --- --- --