quoted 11 lines **Begin paste of fair use test**>**Begin paste of fair use test**
>
>-The third factor looks at the amount and substantiality of the copying in -relation to the work as a whole. However, the critical
>-determination is whether the quality and value of the materials used are -reasonable in relation to the purpose of copying. This is
>-not a pure ratio test in that using a whole work may be fair use in some -circumstances, whereas using a tiny fraction of a work
>-not qualify for fair use in other circumstances.
>
>-Therefore, the quantity, as well as the quality and importance, of the copied -material must be considered. Some Justices have
>-looked to see that "no more was taken than was necessary" to achieve the -purpose for which the materials were copied
>
>**End of paste**
It looks like you're quoting someone's commentary on one of the
considerations in determining whether a given use is, in fact, fair use,
which leaves out some crucial parts of the definition of fair use.
Here's the relevant section from the Copyright Act of 1976. As far as I
know this section hasn't been significantly amended since the book I'm
quoting from was published.
107. Limitations on exclusive rights: Fair use.
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, 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The fact that a work is unpublished shall not itself bar a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.
Significantly, the book I quoted this from immediately points out:
Note that, despite musician's folklore, there's nothing like 'up
to 8 notes is OK,' or 'up to 3 seconds is OK,' only very general
rules.
It's also worth noting that if you try to claim fair use and you can't
demonstrate that your use was "for purposes such as criticism, news
reporting, teaching," etc., you'll be laughed out of court (although
there are those who would argue that sampling someone else's record is an
intrinsically critical act).
Standard disclaimers apply.
C.
--
Chris.Hilker (cspot@hyperreal.org) "One being, that talking about things,
while not exactly causing them to happen, does cause something,-- which is
almost the same, tho' not quite. Unless it is possible to smoke a Potatoe."