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<blockquote data-quote="Treebore" data-source="post: 4342094" data-attributes="member: 10177"><p>I'm sorry, but the "Fair use" clearly states it is fully a part of the copyright laws. The copyright laws clearly state what it covers, and it clearly covers books. So RPG books are clearly covered by copyright law, and "fair use" is fully a part of section 107 of copyright law.</p><p></p><p>Now if RPG's want to claim to not be covered by copyright law, they can. All they have to do is publicly declare they do not want to be protected. Thats in the law as well.</p><p></p><p>Plus all WOTC books, and I would bet books from all RPG companies, clearly state they are protected by US copyright law. Don't believe me? Look for yourself. Read the small print in WOTC books on the first page just before the table of contents. In there they clearly declare their trademarks and clearly declare they accept copyright protection under US law.</p><p></p><p>So all WOTC RPG books are covered by copyright law, and therefore "fair use" applies, since it clearly states fair use is further explanations of copyright law, section 107, based on court decisions.</p><p></p><p>Plus "Fair use" does not say it covers all possible situations of fair use. It only gives what has been pretty clearly defined in courts so far. So to say that is all that "fair use" applies to is wrong as well. Look at teh wording. IT does not say, "The following situations are the only things "fair use" applies to."</p><p></p><p>Plus they give 4 guidelines that are used to determine issues of "fair use", which does apply to any situation not clearly covered already.</p><p></p><p>"Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:</p><p></p><p> 1.</p><p></p><p> the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;</p><p> 2.</p><p></p><p> the nature of the copyrighted work;</p><p> 3.</p><p></p><p> amount and substantiality of the portion used in relation to the copyrighted work as a whole; and</p><p> 4. the effect of the use upon the potential market for or value of the copyrighted work."</p><p></p><p>Notice it says, "to be considered in determining whether or not a particular use is fair:"</p><p>It doesn't say there are only a specific set of situations in which "fair use" applies. Otherwise they would not have written that sentence or given 4 factors to consider in determining "fair use". So "fair use" does not say there are only a few instances of "fair use". Those 4 factors are set out to help determine "fair use" in any future legal litigations because "fair use" as written is not completely comprehensive.</p><p> </p><p>To say otherwise is completely false information.</p><p></p><p>You are correct in your last paragraph though. Which I will be doing further research to not only verify, but to increase the clarity of my understanding of it.</p></blockquote><p></p>
[QUOTE="Treebore, post: 4342094, member: 10177"] I'm sorry, but the "Fair use" clearly states it is fully a part of the copyright laws. The copyright laws clearly state what it covers, and it clearly covers books. So RPG books are clearly covered by copyright law, and "fair use" is fully a part of section 107 of copyright law. Now if RPG's want to claim to not be covered by copyright law, they can. All they have to do is publicly declare they do not want to be protected. Thats in the law as well. Plus all WOTC books, and I would bet books from all RPG companies, clearly state they are protected by US copyright law. Don't believe me? Look for yourself. Read the small print in WOTC books on the first page just before the table of contents. In there they clearly declare their trademarks and clearly declare they accept copyright protection under US law. So all WOTC RPG books are covered by copyright law, and therefore "fair use" applies, since it clearly states fair use is further explanations of copyright law, section 107, based on court decisions. Plus "Fair use" does not say it covers all possible situations of fair use. It only gives what has been pretty clearly defined in courts so far. So to say that is all that "fair use" applies to is wrong as well. Look at teh wording. IT does not say, "The following situations are the only things "fair use" applies to." Plus they give 4 guidelines that are used to determine issues of "fair use", which does apply to any situation not clearly covered already. "Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair: 1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes; 2. the nature of the copyrighted work; 3. 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." Notice it says, "to be considered in determining whether or not a particular use is fair:" It doesn't say there are only a specific set of situations in which "fair use" applies. Otherwise they would not have written that sentence or given 4 factors to consider in determining "fair use". So "fair use" does not say there are only a few instances of "fair use". Those 4 factors are set out to help determine "fair use" in any future legal litigations because "fair use" as written is not completely comprehensive. To say otherwise is completely false information. You are correct in your last paragraph though. Which I will be doing further research to not only verify, but to increase the clarity of my understanding of it. [/QUOTE]
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