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HOWTO: Understanding Copyright and Fair Use inside the Portal

by webadmin last modified Jan 10, 2013 11:47 AM
Contributors: Rose Hessmiller, Harlow Pinson
A summary of U.S. Copyright and Fair Use Law as it applies to content on the portal.


Copyright Fair Use rules can be found here:

http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000107----000-.html

When posting content the best course of action is to contact the Author or owner of copyright and seek permission to reproduce, which is what you are doing by posting a copy to the portal.
When in doubt, linking to existing materials is a good option, but recognize that the link owner is under no obligation to maintain their copyrighted content, its location, or your link to it. They may even occasionally explicitly bar linking.

In summary of US Code:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. 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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
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