Posted by:
Nick Humphrey
(
)
Date: February 21, 2011 04:39AM
i saw this description:
All video of Dallin Oaks is taken WITHOUT permission from www.lds.org, and used under the criticism clause of the Fair Use Act. If the owners of this material wish me to remove it, please contact me.
for a video called Bias Bingo: How Cognitive Bias Generates Belief:
http://www.youtube.com/watch?v=oBXxJJfX3Nkcontaining video footage of dallin oaks at a conference.
http://www.copyright.gov/fls/fl102.html"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.
...
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;
...
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.
"
http://www.copyright.gov/history/studies/study14.pdfpage 12:
review and criticism
discussions of fair use often begin with the question of quotation from a work for the purposes of criticism and review. it is universally agreed that "in reviewing a copyrighted work, or in criticising it, quotations may be taken therefrom." thus it has been recently stated:
//criticism is an important and proper exercise of fair use. reviews by so-called critics may quote extensively for the purpose of illustration and comment.//
it is interesting to note that there is apparently no reported american decision involving alleged infringement in the course of serious criticism. this may be due to the self-restraint on the part of the critics and the desire on the part of authors and publishers to encourage reviews of their works--reasons suggested for the decline in libel litigation involving the cognate doctrine of fair comment.
(copyright law revision -- studies prepared for the subcommittee on patents, trademarks, and copyrights. 1960)
CONCLUSION: looks like you can quote extensively from their works coupled with critical remarks, just not post entire copyrighted works.
Edited 3 time(s). Last edit at 02/21/2011 04:53AM by Nick Humphrey.