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EightBitz
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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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kbs666
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Old March 4th, 2017, 11:46 AM
I quoted 17 USC 107
https://www.law.cornell.edu/uscode/text/17/107

It is precisely true.

When I wrote unlikely to succeed, I meant that it is impossible to predict what a jury will decide but that the law is clear and I wouldn't bet on you prevailing.

my Realm Works videos
https://www.youtube.com/channel/UCZU...4DwXXkvmBXQ9Yw
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Silveras
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Old March 4th, 2017, 12:12 PM
In the end, talk to a lawyer or don't publicly post something you didn't create yourself from beginning to end (and thus have full ownership of it).

Whenever you have to resort to "I am not a lawyer, but I think this is ok".. you're asking to have trouble.
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EightBitz
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Old March 4th, 2017, 01:32 PM
Quote:
Originally Posted by Silveras View Post
In the end, talk to a lawyer or don't publicly post something you didn't create yourself from beginning to end (and thus have full ownership of it).

Whenever you have to resort to "I am not a lawyer, but I think this is ok".. you're asking to have trouble.
But I stayed at a Holiday Inn Express last night!
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EightBitz
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Old March 4th, 2017, 01:39 PM
Quote:
Originally Posted by kbs666 View Post
I quoted 17 USC 107
https://www.law.cornell.edu/uscode/text/17/107

It is precisely true.

When I wrote unlikely to succeed, I meant that it is impossible to predict what a jury will decide but that the law is clear and I wouldn't bet on you prevailing.
Sure, but there's the letter of the law, then there's the interpretation of the law by the courts. They may not always align in expected or predicted ways.

And I want to be very clear here. Very, very clear.

My advice is to NOT test the limits here. I'm participating in this discussion purely as an academic exercise. I am NOT encouraging ANYONE to test the limits of the law or to test the courts.

As a practical matter, I completely agree with you. But as a point of academic curiosity, it seems that people have gone to court to push the limits of fair use and have prevailed beyond the letter of the law. But that's no excuse to be cavalier and careless.
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