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Cpuswe
Joined: 15 Mar 2005
Posts: 2214
Location: Karlskrona, Sweden
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 Posted: Tue Oct 14, 2008 3:56 am Post subject: How about "fair use"? |
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Hi!
Some time ago i read about the term "fair use" in copyright law. Anyone (in the US) who knows more about this? I have tried to read some, but its pretty complicated...
If i find a image of a chip at eBay and add it to the database at chipdb.org for non-commercial documentary purposes, can i do it in line with "fair use"?
Not withstanding the provisions of section 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research, is not an infringement of copyright.
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D.8080
Joined: 03 Apr 2006
Posts: 1474
Location: Italy
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| Posted: Tue Oct 14, 2008 4:15 am Post subject: |
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I guess they mean that if your purpose is out of monetary compensation, you can use copyrighted material but only for constructive purposes.
Unless you plan to use the image to publish your catalogue and earn money with it, or just defamate someone you are ok. Artistic pictures are not included because they have a value by themselves, but we speak cpus...
This is my view behind it.
Now US courts are the lottery (Knight Rider teaches  ) |
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smithy
Joined: 27 Apr 2008
Posts: 2906
Location: Sydney, Australia
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| Posted: Tue Oct 14, 2008 6:28 am Post subject: |
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| I think you could also categorise use as "teaching". In any event, you are not seeking any commercial gain by the use of the photos, so it would be questionable as to the commercial "loss" by the owner. I doubt anyone would try to sue you for use - and being in Sweden would make it all the harder for someone in the US to take action against you. The worst that would happen is someone's lawyer would issue you with a "cease and desist" letter. |
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Cpuswe
Joined: 15 Mar 2005
Posts: 2214
Location: Karlskrona, Sweden
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| Posted: Tue Oct 14, 2008 7:01 am Post subject: |
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| smithy wrote: | | - and being in Sweden would make it all the harder for someone in the US to take action against you. The worst that would happen is someone's lawyer would issue you with a "cease and desist" letter. |
Ok, and when adding the internet to the equation it becomes more difficult. I am in Sweden but the server are in Dallas, USA. And in Sweden we do not have "Fair use" for images. But what law applies? US or Swedish? (I would believe its US law if you compare to the Pirate Bay guys here in Sweden being able to screw movie companies in the US by referring to Swedish copyright laws.)
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lither
Joined: 04 Dec 2005
Posts: 1362
Location: Taiwan
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| Posted: Tue Oct 14, 2008 7:40 am Post subject: |
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"fair use" concept is vague and could not be defined clearly
its intepretation rely on the court judge
the Taiwan copyright law is similar to USA copyright office -see point 4
which :
when appling "fair use"
the most important things are noncommericial use
and no effect on the actual or potential market value
of the copyright work (USA)
plus no damage to the copyright owner (Taiwan law)
otherwise you need to get permission from the owner
i am sure the ebaytoplist of chipdb will influence the value of the chip pictured
of course , you can say that you are stating a "fact"(which would favor "fair use")
but it does have some impaction of the chip value
one would probably inteprete that this chip will not be more than XXX USD according to this list |
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Cpuswe
Joined: 15 Mar 2005
Posts: 2214
Location: Karlskrona, Sweden
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| Posted: Tue Oct 14, 2008 9:19 am Post subject: |
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| lither wrote: |
i am sure the ebaytoplist of chipdb will influence the value of the chip pictured
of course , you can say that you are stating a "fact"(which would favor "fair use")
but it does have some impaction of the chip value
one would probably inteprete that this chip will not be more than XXX USD according to this list |
Isn't this two separate things? The image itself, the "copyright work" as you write, and the object being displayed. A comparison If i take a picture of the Eiffel tower, who decides how the image can be used, me or the owner of the Eiffel tower?
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el_gecko
Joined: 25 May 2005
Posts: 1553
Location: Nice, France
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| Posted: Tue Oct 14, 2008 9:41 am Post subject: |
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lol, you'll be surprised to know that Eiffel tower is a special case: during the day the copyright is your, but when sparkling during the night, the company who designed and installed the lights is the copyright owner 
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lither
Joined: 04 Dec 2005
Posts: 1362
Location: Taiwan
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| Posted: Tue Oct 14, 2008 9:45 am Post subject: |
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| Quote: |
Isn't this two separate things? The image itself, the "copyright work" as you write, and the object being displayed.
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yes,there are 2 thing
the image => image taker =>belong to the seller
the chip => chip owner =>belong to the buyer
i dont know the law of the other country
but in Taiwan copyright law, the owner(buyer) probably has the image copyright too (transfer automatically )
thats say , could you take a picture of a beauty randomly on the street (while shopping etc ) and use it on your website without permission?
| Quote: |
A comparison If i take a picture of the Eiffel tower, who decides how the image can be used, me or the owner of the Eiffel tower? |
Eiffel tower dont have copyright . it is too old (>100 year )
because of the age , the copyright disappeared spontaneously ( it is just the same as the Shakespear's books)
but new building do have a copyright
one need to get permission from the Taipei 101 tower ( which is the world highest building last year )
to use its image (no matter who take it ) for commercial use
similar example are
if you take a photo of Yankee stadium and use it on a calender to earn money
i am sure you will receive some letters from MLB
but again , there is no clear-cut
it depends on the judge
Last edited by lither on Tue Oct 14, 2008 10:17 am; edited 2 times in total |
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lither
Joined: 04 Dec 2005
Posts: 1362
Location: Taiwan
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| Posted: Tue Oct 14, 2008 9:52 am Post subject: |
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| el_gecko wrote: | | lol, you'll be surprised to know that Eiffel tower is a special case: during the day the copyright is your, but when sparkling during the night, the company who designed and installed the lights is the copyright owner |
it make sense
the tower itself is too old to have copyright ( usually copyright disappear spontaneously when > 50 or > 75 years )
but the light system is new enough to keep copyright |
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Cpuswe
Joined: 15 Mar 2005
Posts: 2214
Location: Karlskrona, Sweden
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| Posted: Tue Oct 14, 2008 10:32 am Post subject: |
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| el_gecko wrote: | | lol, you'll be surprised to know that Eiffel tower is a special case: during the day the copyright is your, but when sparkling during the night, the company who designed and installed the lights is the copyright owner |
I suspected it was something like that when i took that as an example.
| lither wrote: | | thats say , could you take a picture of a beauty randomly on the street (while shopping etc ) and use it on your website without permission? |
Yes you can, in a non-commercial use. (By Swedish laws).
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gshv
Joined: 01 Feb 2003
Posts: 7898
Location: Fairfax, VA USA
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| Posted: Tue Oct 14, 2008 11:25 am Post subject: |
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I agree with chiptalk - as long as you don't show any ads on the site then it may fall under "fair use".
Gennadiy |
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ItsMeOnly
Joined: 06 Jun 2006
Posts: 173
Location: Warszawa, Poland
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| Posted: Tue Oct 14, 2008 11:31 am Post subject: |
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| Cpuswe wrote: | | lither wrote: | | thats say , could you take a picture of a beauty randomly on the street (while shopping etc ) and use it on your website without permission? |
Yes you can, in a non-commercial use. (By Swedish laws). |
Actually that's also subject to law, but not the copyright but civil law and in part personal information protection acts, which states that a widely published image of a person that is clearly identifiable must be at least acknowledged if not authorized bu that person. |
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Wizzard1
Joined: 05 Nov 2006
Posts: 930
Location: Boston MA USA
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| Posted: Tue Oct 14, 2008 12:39 pm Post subject: |
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| I think what it comes down to, is wether or not you are selling the pictures you are taking, and claiming them as yours to sell. |
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tlccomp
Joined: 11 May 2006
Posts: 1212
Location: Southeast Wisconsin, USA
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| Posted: Tue Oct 14, 2008 2:03 pm Post subject: |
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| chiptalk wrote: | I think putting images on cpudb would fall under fair use, since it is a non-profit library/informational site. I don't know how this applies to using it in a different country. I would say, unless you get a cease and desist or take down notice, I wouldn't worry about it. If you put too much thought into it you may actually be liable. It is probably better to play dumb and then abide to valid removal requests.
Sellers that steal our cpu images for their eBay auctions... now that is violation. |
| gshv wrote: | I agree with chiptalk - as long as you don't show any ads on the site then it may fall under "fair use".
Gennadiy |
Genna,
I've seen a few of your images (marked cpu-world) on ebay....
I'm sure they asked, right
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gshv
Joined: 01 Feb 2003
Posts: 7898
Location: Fairfax, VA USA
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| Posted: Tue Oct 14, 2008 4:54 pm Post subject: |
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| Quote: | Genna,
I've seen a few of your images (marked cpu-world) on ebay....
I'm sure they asked, right |
They didn't, but they don't have to. Rather than hunting and threatening those eBayers, I changed terms and conditions on my site to allow people to use of pictures and information from the site for eBay and other auctions:
http://www.cpu-world.com/terms_and_conditions.html
Gennadiy |
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