Ilion Alumni Site - Copyright Compilation and Fair Use |
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The Ilion Alumni site is a non-commercial, educational, collective work. Advertisements will never appear on this site and the content here is never used in a commercial manner. The owner of the site has never in the past and will never in the future be financially compensated for publishing the site. Copyright Copyright Advisory Network - American Libary Association Office for Information Technology Policy - librarycopyright.net Cornell University Fair Use Checklist - pdf file 10 Bogus Excuses People Use When They Steal Photos from the Web
Applicable Copyright Sections.
Section 101. Definition A "collective work" is a work, such as a periodical issue, anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A "compilation" is a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. The term "compilation" includes collective works. As with magazines or books, a collective work may be registered and the registration protects all of the copyrightable elements that comprise the collective work. That is, the specific selection, coordination or arrangement of the individual works that make up the entire work is protected.
Section 103. Subject matter of copyright: Compilations and derivative works (a) The subject matter of copyright as specified by section 102 includes compilations and derivative works, but protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully. (b) The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material. The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material.
Section 107. Limitations on exclusive rights: Fair use 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. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. |
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