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Old 09-26-2010, 12:14 PM   #13
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I believe these can help

For the info below you should have some idea on law consepts...

Here is the useful link (read Harper v. Nation, i.e. press Ctrl + F and in the field type Harper)

In essense, here are the principles:

If the activity is of commercial or for-profit nature, the activity would be presumed unfair; if the activity is not commercial and of nonprofit nature, such activity is presumptively fair

To prove the use is not fair, the copyright owner (the person or business that has copyright you want to use), i.e. challenger, must show
particular use is harmful for him:

-If the use should become widespread, it would adversely affect the potential market for the copyrighted work
-Actual present harm need not be shown
-Must demonstrate meaningful likelihood of future harm

And pertinent law:

17 USC 107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(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; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

Good luck!
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