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Re: Dino & Copyrights



At 11:16 AM 3/6/97 -0500, Jeff Poling wrote:
>   3)  Substantiality of the use.  This is a "how much" question.  
>Using a sentence or two, or a paragraph, may be safe, but using
>every last word of _The Dinosaur Heresies_ would be a no-no.  This
>probably applies to artwork as well, such as using only the foot
of one of the _T. rex_es in Betty's painting vs. using the whole
>thing.

The tricky part in some case may be is determining what the "whole work"
is.  For instance, is a drawing of a fossil, or a skeletal reconstruction
from a fossil, that is published as part of an descriptive paper on the
fossil a separate work, or part of the enclosing work?

If the former, than using it is using the whole, and is less likely to be
held to be fair use.  If the latter, than using just the drawing, properly
referenced, is using only part, and thus more likely to be held to be fair
use.  (But, note, no one factor of the four is determinative by itself -
the court is supposed to weigh all four factors in every case).

>   There are other SPECIFIC exemptions to copyright infringement, 
>such as using text from a work in a criticism of that work.

Many judges have tended to interpret "criticism" fairly widely so as to
include most comments about a work.  Thus, the sort of commentary we are
engaging in right here would likely be held to fall into the category of
"criticism" (in the non-pejorative sense).  (This is a good thing, as it is
what allows quoting in usenet and mailing-list discussions).

--------------
May the peace of God be with you                sarima@ix.netcom.com
                                                      swf@elsegundoca.ncr.com