[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index][Subject Index][Author Index]
Re: dinos and copyrights
At 04:17 PM 3/6/97 -0500, Walters & Kissinger wrote:
>As far as dinosaur
>artwork on the web is concerned, it doesn't matter if no one is charging
>for it! That's like saying it isn't illegal to rob a bank if you didn't
>get any money out of the deal.
Just a quick point: it is illegal under any circumstance to try and rob
a bank. It is NOT illegal under every situation to use a copyrighted work.
This includes dinosaur artwork. In terms of your specific argument, Title
17, S. 107 (1) states that the determination of fair use shall include the
factor of "the purpose and character of the use, including whether such use
is of a commercial nature or is for nonprofit educational purposes."
Typically, if you don't make and don't try to make money off of it, or use
it as part of a money making enterprise, your use will not be considered
commercial. This does NOT, in and of itself, make it "fair use." There are
3 more tests.
When you get into artwork that are simply drawings of the bones, the law
gets even murkier....
** Dinosauria On-Line. Home of THE DINOSTORE ** "Those who trade a **
** (Dino stuff for sale), Jeff's Journal of ** little freedom for a **
** Dinosaur Paleontology, Jeff's Dinosaur ** little security will soon **
** Picture Gallery, and The DOL Dinosaur ** find they have none of **
** Omnipedia. http://www.dinosauria.com ** either." -- Jeff Poling **