Fair Use Disclaimer

As a Delaware Public Benefit LLC, registered in NC, with a socially-conscious mission enmeshed into the framework of the business, for educational and charitible purposes, Celebrate Pinehurst dba In Celebration of Pinehurst claims Fair Use for its content.

**FAIR USE**

Copyright Disclaimer under section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research.

Fair use is a use permitted by copyright statute that might otherwise be infringing.

Corporate structure and mission, educational or personal use tips the balance in favor of fair use.

FAIR USE DEFINITION:

(Source: http://en.wikipedia.org/wiki/Fair_use)

Fair use is a doctrine in the United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as for commentary, criticism, news reporting, research, teaching or scholarship. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test. The term “fair use” originated in the United States. A similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright.

U.S. COPYRIGHT OFFICE- FAIR USE DEFINITION

(Source: http://www.copyright.gov/fls/fl102.html)

One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U.S. Code). One of the more important limitations is the doctrine of “fair use”. The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.

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. Section 107 also sets out in four factors to be considered in determining whether or not a particular use is fair:

1. The purpose and character of the use, including whether such use is of commercial nature or is for a socially-conscious educational mission purpose

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

4. The effect of the use upon the potential market for, or value of, the copyrighted work

The distinction between fair use and infringement may be unclear and not easily defined.

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; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author's observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”

Copyright protects the particular way an author has expressed himself. It does not extend to any ideas, systems, or factual information conveyed in the work.

ADDITIONAL INFORMATION

Copyright does not apply to works in the public domain; words, names, slogans or short phrases (those may have protection in trademark law); blank forms; works that are not original; and government works. This is important to know because if the work is not protected by copyright, then there is no concern whether the Fair Use Doctrine will apply to allow you to use the work.

The purpose of the Fair Use Doctrine is to allow for limited and reasonable uses as long as the use does not interfere with owners' rights or impede their right to do with the work as they wish.

Fair use is in place for the greater good, to allow copyrighted works to be used without permission for the benefit of the public.

When it comes to photographs, copyright law has a long-standing deference to permit a photographer control over the first time an image is made public.

If an image is incorporated it into an infographic or the image is part of a video used for the general benefit of the public, for educational purposes, it is then one of the reasons allowed as set forth in the Copyright Act.

See 17 U.S. Code § 107 - Limitations on exclusive rights: Fair use

In Celebration of Pinehurst

Elevating Pinehurst History, Engagement & Improvement