Fair Use Act Disclaimer 2022-02-10
For all images not taken by Thomas Miles. See Copyright statement for those taken by Thomas Miles.
Purpose and character of usage:
This site is for educational research purposes only, raises no funds, and collects no profits. It is the personal academic work of Thomas L. Miles.
Fair Use under US law, where the author and servers are based, is claimed for historical images of objects, historical events, historical figures, or the reporting on thereof, for strictly historical research purposes only. Whenever feasible, images are marked, but when not, clearly contemporary images of the objects of study are assumed to be under CC BY-SA 4.0 “Thomas L. Miles”, while historical images are assumed to be covered by this Fair Use claim. Such research on, education about, and provenance of the objects in this collection cannot be pursued without fair use of these historical images.
Below are, under US Copyright Law (FL-102, Revised September 2010), the standards for a claim of “Fair Use” and how this site meets or exceeds each.
Nature of copyrighted work:
These images are irreplaceable in the verification, provenance and history of the objects presented on this website. Images are not used to convey the artistic work of their authors, but to abstract out details of historical objects like those in this collection caught, often accidentally, in those images. The objects photographed are themselves artistic creations (printed textiles) and therefore not owned by the author of the photographs. The copyright holders further have no claim upon these material, and are themselves reliant upon the waiving–through fair use and other declarations–of both the unsought, unproven permission of the individuals photographed, and the waiving of the restrictions of “Freedom of panorama” in countries which now enforce this, as almost all these images were taken in public places by the photographers, outside the United States.
The amount and substantiality of the portion used in relation to the copyrighted work as a whole:
Whenever possible, images are cropped to focus on the objects or historical figures being researched, and are of the lowest reproduction quality usable for this purpose, making them unsuitable for future commercial print reproduction from this source. When possible, watermarks are included to make the images unusable for commercial reproduction on any medium.
The effect of the use upon the potential market for, or value of, the copyrighted work:
As the works used (photographs) are artistic in nature, the use by this site of highlighting historical objects and their context within those works does not compromise the market for those works. Rather, this use may add value to the copyright holders, providing valuable academic research on other aspects of the work than those intended by the authors, or known by the copyright holders.
Further:
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.
Non-profit, 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 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 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.
FL-102, Revised September 2010