OT Someone selling a CD of recipes from the rec.food.recipes newsgroup
Ed Pawlowski > wrote:
>Selling or giving makes no difference in copyright law. That's actually not true. Under the 1976 Copyright Act (U.S.), section 107, one of the factors for courts to consider when determining fair use is whether the purpose and character of the use is commercial. Note this factor (and a few others) are only applied if the use is not already explicitly fair use because it falls under one of several stated categories (generally criticism and research). So, while criticism/research can be fair use even if they are commercial, any use that does not fall into such an explicit category must meet a non-commerciality test. Steve |
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