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Old 07-30-2004, 11:52 AM   #45
frivolouspig
Join Date: May 2002
Posts: 29
Canada
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Smile Re: Go warrior on Discovery Channel

Quote:
Jeff Stallard wrote:
There certainly is an argument to make for fair use (see US copyright law for details about fair use of copyrighted material). How strong that argument is...well that's up to you to determine. There are four points that judges look at when determining whether an infringement was fair use.

1. The purpose and character of your use. What is the intent of your use? In our case, it's purely educational, which is about as good a purpose as you can get.

2. The nature of the copyrighted work. Factual works lend themselves more to fair use, as does published material. Copying fictional works that have not yet been published are the hardest to justify.

3. The amount and substantiality of the portion taken. Copying the whole show looks bad for us. Generally speaking, the smaller you copy, the better your case for fair use.


4. The effect of the use upon the market. The effect on the market is zero since they're not selling the video. However, seeing as they COULD sell it at some point, this doesn't go too well in our favor.
Very true, I'm still waiting for a response from them (the copyright holders). Hopefully it will be positive.
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