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Wednesday, June 01, 2005

Public Service Announcement

NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only

I keep seeing the note reproduced above in various forms on some blogs. I suppose this disclaimer is meant to discourage the feebs in our Fed'ral Gummint or some Mass Media Podpeople's Army minion from persecuting the writers who post it. (It refers to the Fair Use doctrine of U.S. Copyright Law.) OTOH, I don't need no steenking disclaimer. I do a pretty fair job (heh) of following Fair Use and I have this, instead of a disclaimer:

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Read it and weep, petty bureaucratic tyrants and Mass Media Podpeople's minions.

(One technical question: how does one type a representation of giving someone the raspberry?)


UPDATE: In comments, Spurs suggests, for the raspberry:
"How about thhbbbbbtttttt!!!"


And so, "Thhbbbbbtttttt!!!" it is. As it has been written, so let it be.





From the Cornell Legal Information Institute:

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The fact that a work [the work quoted-ed] is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors....


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