To counter your point about commercial use never being fair use:; I'll
quote TechDirt (
http://www.techdirt.com/articles/20131125/10182325360/beastie-boys-say-they-dont-want-music-ads-fair-use-doesnt-care.shtml
) quoting a Supreme Court ruling (
http://supreme.justia.com/cases/federal/us/510/569/case.html )
[StartQuote]
...the Supreme Court explicitly stated in /Campbell v. Acuff-Rose Music,
Inc./ that commercial use can be fair use
<http://supreme.justia.com/cases/federal/us/510/569/case.html>, noting
that if commercial use made things automatic infringement, it would
destroy fair use:
/If, indeed, commerciality carried presumptive force against a finding
of fairness, the presumption would swallow nearly all of the
illustrative uses listed in the preamble paragraph of ยง 107, including
news reporting, comment, criticism, teaching, scholarship, and research,
since these activities "are generally conducted for profit in this
country." Harper & Row, supra, at 592 (Brennan, J., dissenting).
Congress could not have intended such a rule, which certainly is not
inferable from the common-law cases... /
[EndQuote]
The usual caveats apply: I am not a lawyer and being legally right
will not prevent you from getting sued into oblivion by a more powerful
party.
On 12/18/2013 9:42 PM, Nicholas Kwiatkowski wrote:
Fair Use is pretty limited in the USA, and is usually regarded in terms of
education or personal use. Advertisement is generally not allowed under
fair-use.... but again, that is something for the legal-beagles to
determine ;)
-Nick
On Wed, Dec 18, 2013 at 5:14 PM, Justin Mclean <jus...@classsoftware.com>wrote:
Hi,
Under US law there is also a fair use provision, which the showcase would
probably come under (and permission is not required), but it IMO always
best to ask.
Thanks,
Justin
--
Jeffry Houser
Technical Entrepreneur
http://www.jeffryhouser.com
203-379-0773
