hi roger,
i also follow your point - when in doubt ask - courtesy and respect for
individuals cannot hurt:)
Mike Godwin (general counsel for the Electronic Frontier Foundation) makes
exactly your points (and more) in his book CyberRights:Defending Free
Speech in the Digital Age (approximately page 200 - section on avoiding
copyright lawsuits)
On Fri, 9 Jun 2000, Roger Smith wrote:
> >u r incorrect when you state that profit has nothing to do with fair
> >use.
> >
> >fair use balances 4 elements:
> >
> > 1 the purpose and character of the use.
> > 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.
> > 4 THE EFFECT OF THE USE ON THE POTENTIAL MARKET FOR, OR VALUE OF,
> > THE COPYRIGHTED WORK
> >
> >element 4 is most definitely concerned with profit:)
> >
> >if u r interested in studying the issue more see title 17 United States
> >Codes 101 et.seq.. (the section u write on is 107). u might find it
> >helpful to use www4.law.cornell.edu/uscode/17/107.html
>
> You're ("u r") right. I think the confusion is because many people
> think that you can use a copyrighted work in any way you wish as long as
> you, yourself, don't profit from it. That's wrong, of course, as your
> citation points out.
>
> Since a message is automatically copyrighted by the person who creates
> it, you technically should have permission before posting it somewhere
> else. It's also a matter of courtesy to ask. I ask permission unless
> the message is obviously something the sender wants to have spread
> around (such as a press release).
>
> -- Roger
> The Guardians Safety Game: http://www.safetygame.com
> Teach Your Children to Think Safe!
>
>
>