[sword-devel] DSS (Biblical Dead Sea Scrolls based upon DJD translations)

jhphx jhphx at cox.net
Thu Nov 8 16:39:38 MST 2012

On 11/8/2012 9:26 AM, Andrew wrote:
> The US definition of 'Fair Use':
> http://www.copyright.gov/title17/92chap1.html#107
>     § 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 ... is not an 
> infringement of copyright.

It should be noted that the doctrine of fair use existed before this 
section of law was coded. This section does not define the doctrine but 
only gives guidance for applying the doctrine.

If there was a section of law that said something like: "Notwithstanding 
the provisions concerning the guilt of killers, a deadly act of insanity 
involving shooting, stabbing, poisoning,  or strangling is not an act of 
guilt,"  it would NOT mean that any act of shooting, stabbing, 
poisoning,  or strangling was an insane act. It would not be defining 
insanity. Likewise, 107 is not defining fair use. Thinking it does is a 
common mistake.

The fallowing quotes are from:
The US Copyright Office
Reproduction of Copyrighted Works
by Educators and Librarians

'Although the courts have considered and ruled upon the
fair use doctrine over and over again, no real definition of
the concept has ever emerged. Indeed, since the doctrine is
an equitable rule of reason, no generally applicable definition
is possible, and each case raising the question must be
decided on its own facts. On the other hand, the courts have
evolved a set of criteria which, though in no case definitive
or determinative, provide some gauge for balancing
the equities. These criteria have been stated in various ways,
but essentially they can all be reduced to the four standards
which have been adopted in section 107:'

'For example,
the reference to fair use "by reproduction in copies or
phonorecords or by any other means" is mainly intended
to make clear that the doctrine has as much application to
photocopying and taping as to older forms of use; it is not
intended to give these kinds of reproduction any special
status under the fair use provision or to sanction any reproduction
beyond the normal and reasonable limits of fair use.
Similarly, the newly-added reference to "multiple copies for
classroom use" is a recognition that, under the proper circumstances
of fairness, the doctrine can be applied to reproductions
of multiple copies for the members of a class.
The Committee has amended the first of the criteria to
be considered---"the purpose and character of the use"---
to state explicitly that this factor includes a consideration
of "whether such use is of a commercial nature or is for
non-profit educational purposes." This amendment is not
intended to be interpreted as any sort of not-for-profit
limitation on educational uses of copyrighted works. It is
an express recognition that, as under the present law, the
commercial or non-profit character of an activity, while
not conclusive with respect to fair use, can and should be
weighed along with other factors in fair use decisions.'

If one understands that last sentence then one understands that 
non-profit and educational do not guarantee a fair use claim.

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