Per our understanding of the copyright laws, this site is in full compliance under the Fair Use exception as codified in Title 17, Section 107 to the 1976 Copyright Law which allows for use of a protected work without prior authorization. LearnEmunah.com and AllFaith.com are non-profit sites that read and discusses copyrighted material with live viewers for the purposes of promoting Jewish literacy, religious understanding and tolerance. No financial or other personal gain occurs from these uses.
Section 107. Limitations on exclusive rights: Fair use:
Notwithstanding the provisions of sections 106 and 106A [setting forth copyright owners' exclusive rights and visual artists' artistic rights], 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. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
What is the purpose and character of the use?
Educational and non-profit uses are generally considered fair use. Additionally, as a dramatic reading of the copyrighted material, the indexed videos are considered "transformative" works, adding additional value to the original work. Storytelling is a non-for-profit, educational activity. No money will be made with storytelling, similar to storytime in a library.What is the nature of the work to be used?
Published works are more likely considered fair use. LearnEmunah.com produces live broadcasts with subsequent recordings of dramatic readings of published religious works. Book studies, on or off line, are "expected uses" of such published works and produce no financial recompense.What amount of the work do we plan to use?
Generally speaking, using smaller portions of the work falls within this exception. The key element of this provision is that in order to be fair use, one must use no more of the original copyrighted work "than necessary for your purpose." With the intended use to promote religious literacy in the given topic, reading the entire work is to be expected.Will the market for the work be harmed now or in the future?
No. Our online book studies encourage the listeners to acquire hard copies of these and other books by the author. This site is increasing author and book exposure, hence acting as free marketing without negative consequences.After examining these factors, we believe LearnEmunah.com and our linked Facebook studies qualify under the conditions of the Fair Use exception.
References:
- http://www.copyright.gov/title17/92chap1.html
- http://fairusetube.org/guide-to-youtube-removals/3-deciding-if-video-is-fair-use
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