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Date Posted: 11:52:02 09/18/07 Tue
Author: Kel
Subject: "Fair Use" is where there is a gray area in using Quotes of published material.
In reply to: GwenM 's message, "I am not attempting to contradict anyone - but in my opinion one can quote from any written source or spoken source as long as proper credit is cited." on 08:53:10 09/10/07 Mon

Great to have permission to quote.

On the other hand - "Fair Use" also covers quotes - particularily in this case, when talking about the book - especially since people hear already OWN the book, and it encourages sales, - this is where "fair use" would win out.

This is why students can quote in term papers, doctors in medical journals, teachers in the classroom. This is why book groups and clubs can gather & discuss sections, and can hand out printed portions to discuss before hand.

How much is allowable is always a question, just as how it is used - in other words, does a writer loose (or gain) by their work being quoted, and are they quoted in context.

Another aspect is what form is being quoted. It it is a compiled list of infotmation - such as genealogy of just names & dates - it is not covered. But - if a story is put to that research - it is covered by copywrite.

So, here goes.......

QUOTE
http://www.todays-woman.net/article1528.html

A Writer's Guide to Fair Use in Copyright Law
Author:Howard Zaharof

Fair use analysis
Section 107 of the Copyright Act states that "the fair use of a copyrighted work, including such use by reproduction in copies ..., for purposes such as criticism, comment, news reporting, teaching ..., scholarship, or research, is not an infringement of copyright." It also states that in determining whether a use is fair, at least four factors must be considered.

UNQUOTE
*********************
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-a.html
Stanford University

Has great detail about copywright & Fair Use, including cases

QUOTE
1. Comment and Criticism

If you are commenting upon or critiquing a copyrighted work--for instance, writing a book review -- fair use principles allow you to reproduce some of the work to achieve your purposes. Some examples of commentary and criticism include:

quoting a few lines from a Bob Dylan song in a music review
summarizing and quoting from a medical article on prostate cancer in a news report
copying a few paragraphs from a news article for use by a teacher or student in a lesson, or
copying a portion of a Sports Illustrated magazine article for use in a related court case.
The underlying rationale of this rule is that the public benefits from your review, which is enhanced by including some of the copyrighted material. Additional examples of commentary or criticism are provided in the examples of fair use cases in Section C.
UNQUOTE
******

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