View Single Post
Old 08-02-2012, 05:14 AM   #8
ButeoBoy
Junior Member
ButeoBoy began at the beginning.
 
Posts: 3
Karma: 10
Join Date: Aug 2012
Device: nook
I wont. Because your word is incorrect.

Quote:
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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
This is, in fact, research. According to factor (1) We are in our rights to request copies because we are requesting them for research involving raptor biology. According to factor (2) The nature of the work is NOT imaginative. These are Non-fiction "Reference materials," you may check them yourself. According to factor (3) The "rule of thumb" is "Only as much as is necessary." I would only require specifics from the book if I KNEW WHAT THEY WERE. Therefore, it is necessary that I acquire an entire text. Factor (3) States the impact on the market that these books will affect. Since these are considered rare books and no longer in print, I'd say it would have no effect whatsoever.

Therefore I am entirely in my rights.

Last edited by ButeoBoy; 08-02-2012 at 05:31 AM. Reason: Edited to proper highlight the wording.
ButeoBoy is offline