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BGonline.org Forums
New Paper on Opening Replies
Posted By: Timothy Chow In Response To: New Paper on Opening Replies (Stick)
Date: Sunday, 12 July 2015, at 7:12 p.m.
I finally read the paper. The first thing to note is that there really isn't any such thing as "in theory" here. This is true of just about any legal question. There are facts (codes, court cases) and there are opinions (what you get from lawyers).
That said, I can't see anything in Jeremy's article that could remotely constitute copyright infringement. Copyright law isn't intended to prohibit limited citation and quotation. Albert pretty much said it, but here's the text of the "fair use" section of the copyright law for reference:
Notwithstanding the provisions of sections 106 and 106A, 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—
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
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