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LindaHilton

Linda Hilton

Reader, Writer, Merciless Reviewer and Incurable Romantic

Currently reading

Norman Lewis Omnibus: A Dragon Apparent; Golden Earth; and a Goddess in the Stones
Norman Lewis
All the President's Men
Carl Bernstein, Bob Woodward
Progress: 73/383 pages
Women's Gothic and Romantic Fiction: A Reference Guide (American Popular Culture)
Kay Mussell
Progress: 17/157 pages
The Looking-Glass Portrait
Linda Hilton
Really Neat Rocks: A casual introduction to the rocks & gems of Arizona and the lapidary arts
Linda Hilton
Progress: 61/61 pages
Under the Banner of Heaven: A Story of Violent Faith
Jon Krakauer
The Power of Myth
Joseph Campbell, Bill Moyers
Progress: 20 %

Someone please correct me if I'm wrong

 

The use of limited screenshots and/or quotations is permitted under US copyright law.

 

 

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

The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

 

 

 

 

Also, from  http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/

 

What Is Fair Use? In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner. In other words, fair use is a defense against a claim of copyright infringement. If your use qualifies as a fair use, then it would not be considered an illegal infringement. - See more at: http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/#sthash.Tn0cW1EP.dpuf
 

Or even just the basic good ol' Wikipedia here:  http://en.wikipedia.org/wiki/Fair_use

 

Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, search engines, criticism, parody, news reporting, research, teaching, library archiving and scholarship. It provides for the legal, unlicensed 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.[3] A similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright.

Fair use is one of the traditional safety valves intended to balance the public's interest in open access with the property interests of copyright holders.

 

My understanding is that posting the cover of and one page from a publicly sold digital novel for the purpose of commentary and/or criticism -- which is, after all, what Booklikes is about -- is protected under the Fair Use doctrine.

 

Is that correct, or incorrect?

 

My understanding is that the only person who can legally demand the removal of copyrighted material is the rights holder her/himself, via a Digital Millennium Copyright Act -- the US version of an international law -- takedown notice.  

 

Is that correct, or incorrect?

 

My understanding further is that Booklikes, if they have a "safe harbor" designation protecting them from liability for the acts of their members, would be putting that designation at risk if they begin taking on the responsibility for screening material for copyright violations without DMCA or other legal notices from copyright holders.

 

Is that correct, or incorrect?

 

I'm not seeking legal advice here.  I just want the Booklikes public to have a clearer idea of where we all -- ALL -- stand on what we can and cannot post here.