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EightBitz
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Join Date: May 2013
Posts: 1,458

Old March 4th, 2017, 11:04 AM
Quote:
Originally Posted by kbs666 View Post
Fair use has very specific limitations.

Fair use allows reproduction of copyrighted material for the purposes of criticism, commentary, news reporting, teaching scholarship or research.

Therefore using any portion of a copyrighted PDF, text or art, in a RW realm and claiming fair use as the justification for the taking is exceptionally unlikely to succeed.
Your first paragraph is not strictly true. Those may be the most well established cases for fair use, but they are not specific limitations.

As to your second paragraph, you say "unlikely to succeed" instead of "impossible." You may be right on that point. I don't know.

Fair use is not always so simple and straightforward.
https://en.wikipedia.org/wiki/Fair_use

Two notable quotes:
"Blanch v. Koons is another example of a fair use case that focused on transformativeness. In 2006, Jeff Koons used a photograph taken by commercial photographer Andrea Blanch in a collage painting.[9] He appropriated a central portion of an advertisement she had been commissioned to shoot for a magazine. Koons prevailed in part because his use was found transformative under the first fair use factor."

and

"The Campbell court held that hip-hop group 2 Live Crew's parody of the song 'Oh, Pretty Woman' was fair use, even though the parody was sold for profit. Thus, having a commercial purpose does not preclude a use from being found fair, even though it makes it less likely."
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