|Re: Copyright VIOLATION!!!|
Message #11 Posted by bill platt on 23 Apr 2007, 12:32 p.m.,
in response to message #10 by Egan Ford
Or, more to the point, the tests for infringement are as follows (this is excerpted from the link http://www.copyright.gov/fls/fl102.html):
1. the purpose and character of the use, including
whether such use is of commercial nature or is for
nonprofit educational purposes;
2. the nature of the copyrighted work;
3. 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.
Now look at each test in the context of the disputed quotation.
1. Purpose and character: clearly not commercial.
2. Nature of work: a review in teh context of advertising
3. amount and substantiality: Well, it is the whole text of one subject of a multi-subject advertising review. So it is substantial, but again based on the other three tests, there is no harm.
4. Effect on value: clearly not negative. The quotation
brings in more business than it destroys. In fact it destroys nothing.