The following information (and more) is from the horse's mouth (U.S.), so to
speak --
U.S. Copyright Office General Information and Publications
http://lcweb.loc.gov/copyright/
Fair Use is found at the following address:
gopher://marvel.loc.gov:70/00/.ftppub/copyright/fls/fl102
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FAIR USE
One of the rights accorded to the owner of copyright is the right
to reproduce or to authorize others to reproduce the work in
copies or phonorecords. This right is subject to certain
limitations found in sections 107 through 120 of the copyright act
(title 17, U.S. Code). One of the more important limitations is
the doctrine of "fair use." Although fair use was not mentioned in
the previous copyright law, the doctrine has developed through a
substantial number of court decisions over the years. This
doctrine has been codified in section 107 of the copyright law.
Section 107 contains a list of the various purposes for which the
reproduction of a particular work may be considered "fair," such
as criticism, comment, news reporting, teaching, scholarship, and
research. Section 107 also sets out four factors to be considered
in determining whether or not a particular use is fair:
(1) the purpose and character of the use, including whether
such use is of 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 distinction between "fair use" and infringement may be unclear
and not easily defined. There is no specific number of words,
lines, or notes that may safely be taken without permission.
Acknowledging the source of the copyrighted material does not
substitute for obtaining permission.
The 1961 _Report of the Register of Copyrights on the General
Revision of the U.S. Copyright Law_ cites examples of activities
that courts have regarded as fair use: "quotation of excerpts in
a review or criticism for purposes of illustration or comment;
quotation of short passages in a scholarly or technical work, for
illustration or clarification of the author's observations; use in
a parody of some of the content of the work parodied; summary of
an address or article, with brief quotations, in a news report;
reproduction by a library of a portion of a work to replace part
of a damaged copy; reproduction by a teacher or student of a small
part of a work to illustrate a lesson; reproduction of a work in
legislative or judicial proceedings or reports; incidental and
fortuitous reproduction, in a newsreel or broadcast, of a work
located in the scene of an event being reported."
Copyright protects the particular way an author has expressed
himself; it does not extend to any ideas, systems, or factual
information conveyed in the work.
The safest course is always to get permission from the copyright
owner before using copyrighted material. The Copyright Office
cannot give this permission.
When it is impracticable to obtain permission, use of copyrighted
material should be avoided unless the doctrine of "fair use" would
clearly apply to the situation. The Copyright Office can neither
determine if a certain use may be considered "fair" nor advise on
possible copyright violations. If there is any doubt, it is
advisable to consult an attorney.
***Last update 6/10/93 (raa)***
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Hope this helps.
DaveL
onpaper@frugal.com
.