For Copyright Holders
The use of materials in the creation of this site complies with the “fair use” provisions in the copyright law of Britain, The United States and Canada. It is legal for copyrighted material to be copied and or distributed for educational use and to further the social and artistic value of the source material for copyright owners.
The creator of this site also advises that copyright owners may consider the content contained herein as a form of free advertising for their copyrighted works.
David Berry Online, is a not-for-profit unofficial site dedicated to Canadian/Australian actor David Berry. Donations are used to pay for webhosting and domains only. No money is accepted to exchange media or images. All images and media are provided under fair use and are used either in whole or in part as a commentary on the career of Duncan Lacroix. All other content where stated is property of the webmaster and may not be reproduced unless permission is granted. All graphics are copyrighted to their original holders but Sam Heughan Online hopes no one will take the graphics as they bear no relation to anything you might need them for.
If you are an original copyright holder of any image, video or write up, please do not take legal action without first contacting the webmaster at the contact form provided. Remember though that anything here is used under FAIR USE and no infringement is intended nor rights implied. I’m sure we can work something out so as not to have to remove anything.
What is “Fair Use”?
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 four factors to be considered in determining whether or not a particular use is fair:
- The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
- The nature of the copyrighted work
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole
- The effect of the use upon the potential market for, or value of, the copyrighted work
- The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission.
- Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
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 authors have expressed themselves. It does not extend to any ideas, systems, or factual information conveyed in a work.
The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.
When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.
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