Mr. Conrad-
Thank you for your speedy response. However, there are 2 points which I would
like to raise in response to your message about the article I posted from the New
York Times on-line edition.
First, if you go to www.nytimes.com, sign in, and then go to
http://www.nytimes.com/2000/10/24/world/24INDI.html, you will see that on the
page itself is a hyperlinked invitation for the reader to e-mail the article to a
recipient. It does not say the recipient cannot be a list-serv. Therefore, this
can be interpreted as an implicit invitation for the reader to encourage others
to read this fascinating and well-written article.
Second, Title 17 U.S.C.A. 107 allows for "fair use" of material that is
copyrighted if certain factors are met:
(1) the purpose and character of the use, including whether such use is
of a commercial nature or is for nonprofit
educational purposes;
Law-lib is not a commercial venture, but a list-serv dedicated to educating law
librarians about changes in law. This article detailed how certain laws impact
lives in India. Therefore, this exception applies. Additionally,
(4) the effect of the use upon the potential market for or value of the
copyrighted work.
The New York Times sells reprints of their articles for commercial use. By
alerting other law-lib members of this article's presence and content, I have
perhaps expanded their market for this piece of information. And I did this for
free, on a non-commercial site, for educational purposes. I sincerely doubt that
any court in the nation would say that I have violated either the spirit or the
letter of copyright law. See Sony Corp. of America v. Universal City Studios,
Inc. 464 U.S. 417, 104 S. Ct. 774 (1984).
So, thank you for your comment, but I believe that in posting what I did, I was
acting within the scope of copyright law.
Sincerely,
Amy Hale Janeke
P.S. You have my permission to disseminate this information. I am posting it to
the educational, non-commercial list-serv as well.
-- __________________________________ Amy Hale Janeke (619)531-4437 Reference Librarian (619)238-7716 (fax) San Diego County Public Law Library ahale@sdcll.org http://www.sdcll.org
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