Sunday, August 1, 2010

Copyright law and the fair use doctrine

One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U. S. Code). One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.

Copyright protects the particular way an author has expressed himself. It does not extend to any ideas, systems, or factual information conveyed in the work.

The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report;

(I refer to excerpts when reviewing, criticizing and illustrating the "state run media" propaganda.) Story Reports

.........................................................................................

A company working on behalf of a Las Vegas newspaper has filed a spate of copyright-infringement lawsuits against as many as 80 individuals and publications since March, and now bloggers reveal the CEO may have crossed paths with Barack and Michelle Obama during their stints at a Chicago law firm.

According to Wired.com, copyright group Righthaven has filed more than 80 federal lawsuits against websites and bloggers who posted articles from the Las Vegas Review-Journal.


.........................................................................................

Uses That Are Generally Fair Uses

* Criticism and comment -- for example, quoting or excerpting a work in a review or criticism for purposes of illustration or comment.
* News reporting -- for example, summarizing an address or article, with brief quotations, in a news report.
* Research and scholarship -- for example, quoting a short passage in a scholarly, scientific, or technical work for illustration or clarification of the author's observations.
* Nonprofit educational uses -- for example, photocopying of limited portions of written works by teachers for classroom use.
* Parody -- that is, a work that ridicules another, usually well-known, work by imitating it in a comic way.

Non-commercial use is often fair use.

Benefit to the public may be fair use.

When Is a Use a "Fair Use"?

Are You Creating Something New or Just Copying?

The purpose and character of your intended use of the material involved is the single most important factor in determining whether a use is a fair use. The question to ask here is whether you are merely copying someone else's work verbatim or instead using it to help create something new.

........................................................................................

(My thoughts on the "state run media" propaganda are my own. I use the quotes and comments of others to form my own opinions. I write my opinions in this blog. It is my way of checking out the "state run media" propaganda and other interesting information. I not only comment on "state run media" propaganda, I also comment on other information I gleen from public news sources. I quote what I need to quote to make my point. When ever I comment the name Story Reports is appended to my comments. My comments reflect my thoughts about the constant lies of obama and the democrates in congress.

My blog is a journal that exposes and refutes the constant lies of obama and congress. It is like an accounting record. I add the numbers up, ie the published information or propaganda. If the numbers don't add up or balance I 'audit" the propaganda and disprove the government lies. Remember what hitler said: "If you tell a big enough lie and tell it frequently enough, it will be believed." This is obama propaganda, big lies repeated often by the liberal "state run media.)
Story Reports

........................................................................................

Freedom of speech in the United States is protected by the First Amendment to the United States Constitution and by many state constitutions and state and federal laws. Criticism of the government and advocacy of unpopular ideas that people may find distasteful or against public policy, such as racism, sexism, and other hate speech are generally permitted.

Core Political Speech

This is the most highly guarded form of speech because of its purely expressive nature and importance to a functional republic. Most simply, core political speech is interactive communications about political ideas or issues that are not motivated by profit. Restrictions placed upon core political speech must weather strict scrutiny analysis or they will be struck down.

Viewpoint-based restrictions

Restrictions that apply to certain viewpoints but not others face the highest level of scrutiny, and are usually overturned, unless they fall into one of the court's special exceptions.

........................................................................................

Freedom of speech on the Internet

In a rare 9-0 decision, the Supreme Court extended the full protection of the First Amendment to the Internet in Reno v. ACLU, a decision which struck down portions of the 1996 Communications Decency Act, a law intended to outlaw so-called "indecent" online communication (that is, non-obscene material protected by the First Amendment). The court's decision extended the same Constitutional protections given to books, magazines, films, and spoken expression to materials published on the Internet. Congress tried a second time to regulate the content of the Internet with the Child Online Protection Act (COPA). The Court again ruled that any limitations on the internet were unconstitutional in American Civil Liberties Union v. Ashcroft (2002).

In United States v. American Library Association (2003) the Supreme Court ruled that Congress has the authority to require public schools and libraries receiving e-rate discounts to install filters as a condition of receiving federal funding. The justices said that any First Amendment concerns were addressed by the provisions in the Children's Internet Protection Act that permit adults to ask librarians to disable the filters or unblock individual sites.

.....................................................................................

Vikram Buddhi, a Phd student and teaching assistant at Purdue University, has been in the custody of the United States authorities since 2006 for allegedly writing anti-Bush content and publishing it online.

Vikram S. Buddhi (born May 10, 1971) is an Indian Phd student and teaching assistant at Purdue University who since 2006, has been in the custody of the United States authorities for writing anti-Bush content, which involved direct death threats via his yahoo account, and publishing them online. He is scheduled to be released in May 2011.

Buddhi was arrested on April 14, 2006 and found guilty of threatening the life of a US President in 2007. Earlier on February 3, 2006, Buddhi was questioned by the Secret Service who made a formal report saying that Buddhi was not a threat to the US President or any Secret Service protected person.

The prosecution has alleged that Buddhi posted messages on a Yahoo business discussion forum which appeared in December 2005 and January 2006 calling upon the people of Iraq to retaliate against the perceived unjust war against them and kill then president George W. Bush, vice-president Dick Cheney and their spouses. Buddhi's lawyer Somnath Bharti has alleged that the indictment did not mention any of the alleged charges and the prosecution failed to establish Buddhi as the author of the messages although they originated from a Purdue University IP address.

(What kind of justice is this? If what buddhi's lawyer says is true what was buddhi charged with? If buddhi was not charged with anything the prosecution alleged nor did the prosecution prove it was buddhi that sent the messages, why is buddhi in jail?

I know why. Its because the US Government enforces only what it wants to enforce. Its the same thing with the borders and illegal aliens. Obama doesn't want to enforce the immigration laws against illegal aliens so the government looks the other way. It not justice when the government uses selective inforcement!)
Story Reports

No comments: