Copyright Infringment


#1

This subject keeps coming up on the Forum. Here is a statement from the U.S. Copyright Office of the Library of Congress. Of particular note is the section about use for “teaching, scholarship, and research”. Use on the Forum, I believe, falls under all three provision and thus reproduction of images would, in my opinion, be legal. To me it seems clear enough, that the images and text from Copyrighted material is legal for “Fair Use” as everything on the Forum is for “nonprofit educational purposes”

[color=#0000FF]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.

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting,[/color] [color=#FF0000]teaching, scholarship, and research[/color]. [color=#0000FF]Section 107 also sets out four factors to be considered in determining whether or
not a particular use is fair:

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 The amount and substantiality of the portion used in relation to the copyrighted work as a
whole
4 The effect of the use upon [/cothe potential market for, or value of, the copyrighted work[/color]


#2

The system in the UK is broadly the same although the rest of Europe has some odd ideas about copyright that are starting to take effect here too.

Breach of copyright is largely found where one deprives the rights holder of income or other benefits through commercial use of an image or by copying AND disseminating the same so as to deprive the rights holder. Scanning a book and making it available on the internet at no cost means there will be fewer copies sold through retail outlets so one doesn’t have to benefit oneself in order to be in breach of copyright.

There being no commercial element to this forum means (I believe) that the forum owners and users have no fear of being in breach of copyright whilst on the forum. Just be careful of how you use images from here when elsewhere. I remember being surprised when a drawing of a French cartridge clip on the old forum had part of the image obscured by a copyright notice. At the time this struck me as being absurd and I’ve not changed my mind in the period since. What possible commercial use could there be?

I shudder at the thought that I might have to put my name and the copyright symbol next to any of my scans on here. I worked as a professional photographer for over 20 years and was always happy to have my work used for non-profit purposes as long as I was credited as the rights holder of the images.

As always I’m sure to be proven wrong!

Happy collecting, Peter