This link has been bookmarked by 43 people . It was first bookmarked on 19 Jun 2007, by shornig.
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Willful infringement means that you knew you were infringing and you did it
anyway. Ignorance of the law, though, is no excuse. -
It is called the good faith
fair use defense [17 USC 504(c)(2)]. It only applies if the
person who copied material reasonably believed that
what he or she did was a fair use - as would likely be the case if you followed
this Policy - 3 more annotations...
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Mary MurrayArticles giving fair use of copyrighted materials, what can and can not be copied from online and the written text.
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Intro | Liability | First
Steps | Rules of Thumb
Four-Factor Test | PermissionWhat is fair
use?We would all appreciate a clear, crisp answer to that one,
but far from clear and crisp, fair use is better described as a shadowy
territory whose boundaries are disputed, more so now that it includes cyberspace
than ever before. In a way, it's like a no-man's land. Enter at your own
risk.Why is it like this and does it have to be this way? Is
there no alternative to the vagueness of the "four factor fair use analysis," to
fear of lawsuits and frustration with uncertainty? Maybe it is reasonable to
simply throw up our hands and say, "What's the use?" After all, many legal
scholars, politicians, copyright owners and users and their
lawyers agree that fair use is so hard to understand that it fails
to provide effective guidance for the use of others' works today. But the fact
is, we really must understand and rely on it.So wouldn't Guidelines help? Many people who think so
recently gathered in Washington to negotiate Guidelines for Educational Uses of
Digital Works in a two-year-long Conference on Fair Use
("CONFU"). For many, the Guidelines that emerged satisfied the need for
clarity; but for some, considerable objections remained. Some CONFU participants
and their constituents complained that the Guidelines were too narrow; others
that they were too broad; or unfounded in the law; or too premature; or too
long; or unclear; and so on. In the minds of many, the Guidelines asked the
right questions, but for some, they provided the wrong answers
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- Coursepacks
- Distance
learning (performing others' works for distance learners) - Image
archives (like the Art History slide collection) - Multimedia
works (incorporating others' works in a multimedia work) - Music
- Research
copies - Reserves
UT System has established Rules of
Thumb for the following uses of copyrighted works:
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John SpanglerCopyright Info
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CACC CACCProtected works
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