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To: sausageseller; Larry Lucido
"You need to learn about the legalities of " fair use" and copyrighted material"

Actually I'm quite well aaware of them.

The material in this case qualifies for "fair use" protection on several grounds.

First, neither I, nor FreeRepublic, are using the material for commercial purposes or financial gain.

Second, the nature of the work in question is such that it was designed to be disseminated, the author's intent being so stated on the work itself, by his inclusion of this quote:

" “The only end of writing is to enable the reader better to enjoy life, or better to endure it.” –Samuel Johnson

This quote specifies altruistic intent on the part of the author, as opposed to commercial gain.

The amount of the article, relative to the body of the author's work found on his website is miniscule.

Finally, the effect of exposure of the author's work on FreeRepublic enhances the author's market value, rather than diminish it, and since he, himself, makes his essays available, in full on many other websites, it does not diminish the value of this particular piece in any demonstrable manner.

Because of the above, all four tests of eligibility for "fair use" put forth by Section 107 of the US Copyright Code are met.
27 posted on 11/27/2010 9:19:08 AM PST by shibumi (Wily Pablo lives in someone's head - rent free!)
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To: shibumi
Actually I'm quite well aware of them.

The material in this case qualifies for "fair use" protection on several grounds.

First, neither I, nor FreeRepublic, are using the material for commercial purposes or financial gain.

Your "fair use" argument is useless, evidence being all the blocked from posting material on FR.

This quote specifies altruistic intent on the part of the author, as opposed to commercial gain.

Quote has ABSOUTLY nothing do with republishing on your part.

Finally, the effect of exposure of the author's work on FreeRepublic enhances the author's market value, rather than diminish it, and since he, himself, makes his essays available, in full on many other websites, it does not diminish the value of this particular piece in any demonstrable manner.

You can't argue that: First, neither I, nor FreeRepublic, are using the material for commercial purposes or financial gain.

Then say his "market value" has increased.

You have failed in all four of your tests.

28 posted on 11/27/2010 10:40:01 AM PST by sausageseller (If you want to cut your own throat, don't come to me for a bandage. M, Thatcher)
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