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Old 31-03-2011, 04:20 AM posted to rec.food.cooking
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Default 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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