[Steppes] FYI - Color copies

[Jay Rudin]

Bryan contribuited a copy of the lcopyright law, inculding:

>> 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;

Lete asked:


> Perfect!
> But, now I am confused as to just what (2) is interpreted to mean!

First of all, note that the overall clause doesn't tell us what is or isn't
fair use; it only tells us on what basis a ruling might be made.  Therefore
this is speculation.

Consider a math book on Chaos Theory.  If somebody quotes from it, to
explain Chaos Theory, that's probably fair use.  That's what the textbook
was for.  But if somebody quotes the passages about Chaos Theory in
*Jurassic Park*, then that probably isn't fair use.  *Jurassic Park* is a
novel, not a science textbook.

In SCA context, the calligraphy in *The Lord of the Rings* probably can't be
used for educational purposes, but books of medieval calligraphy could be.
Descriptions of weapons from Stone's *Glossary of Arms and Armor* would be
reasonable.  Descriptions from a novel -- even detailed, well-researched
ones -- wouldn't be.

Robin of Gilwell / Jay Rudin, not a lawyer.