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All words and illustrations on this site are either original, in the public domain, or abide by the
GNU Free Documentation License. If I've err'd, I've err'd on the basis of "Fair Use" (as follows):
If you feel that I've somehow infringed upon your work, I assure you it was an accident. Please WRITE ME so I can correct the matter.
Mission: For Nonprofit Educational Research and Teaching:
Draw upon the diversity of Garden Project Collaborations on the World Wide Web,
to enhance the knowledge of individual, or group gardens - primarily in the USA.
Fair use is a term from the original copyright act that is still in force. It allows people to copy
and distribute copyrighted works under certain conditions. There are four guidelines and one general principle in determining fair use. These are:
- The purpose and character of the use: the
use must be of a nonprofit educational nature. (Criticism, comment, news
reporting, teaching, scholarship, and research.)
- The nature of the copyrighted work: nonfiction
works are more likely to be considered fair use than artists' works containing
a high degree of creativity. Works considered to be consumable should never
be copied (for example work books which supplement texts, text books, or
course packs).
- The amount and substantiality of the portion
used in relation to the copyrighted work as a whole: general guidelines
indicate that it cannot be the `essence of the work.' Rule of thumb says
10 percent or less of the entire work may be considered fair use.
- The effect of the use upon the potential
market for or value of the copyrighted work: is it reasonable to have expected
the final recipient to have purchased the work?
If each of these guidelines are met, there
is still the test of spontaneity. This requires that the inspiration to
use the work and the moment in time of actual use in the course do not allow
for a reasonable attempt to obtain permission. Therefore, even though your
use may fit all four criteria listed above, if it does not meet the test
of spontaneity, you may well be in violation of copyright law.
There is no rule indicating you must meet
all four criteria listed above or that any are more important than the other.
Note that the scope of fair use narrows if there are already mechanisms
in place to obtain permission to use a work such as the Copyright Clearance
Center. If there is not an easy mechanism in place, such as for videotapes,
the scope of fair use becomes much broader. In other words, the harder it
is to obtain permission, the more likely it falls under fair use.
If you feel that I've somehow infringed upon your work, I assure you it was an accident. Please WRITE ME so I can correct the matter.
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