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Legal Needs
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| Dec 14, 2008 10:36 am |
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re: re: re: re: re: Fair use in copyright?? |
| Urvashi Basak
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Dear Ritu,
What Soebji has written should be taken into consideration while using copyrighted images off the internet for your research work but please note that the question of fair dealing or fair use does not arise unless there has been reproduction, for there must be reproduction of a substantial part of a work to constitute infringement. Reproduction of a small part, which is not a substantial part of the infringed work is not conclusive of infringement, for it is permitted. It must be shown that reproduction has been made to an unfair extent, that is, it is of a substantial part of the infringed work. Moreover, as regards my above three points that a court usually considers for determining the issue of fair use I'll also like to add that:
1. if the nature, scope and purpose of your work and the alleged infringed works are similar, they may be regarded as competitive; if so your work will interefere with the sale and diminish the profits of the alleged infringed works and thereby cause substantial injury to the owner of the copyright in the latter work; if however they are different in nature, scope and purpose, you will have the liberty of making quotations, taking extracts from the work in which copyright subsists;
2. the court will consider the quality, rather than the quantity, of the appropriated material;
3. although intent is not material for infringement of copyright, yet it is an element that the court considers for determining the question of fair use.
Private Reply to Urvashi Basak (new win) |
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