ManitouIslandsArchives.Org — Fair Use Policy
Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as for commentary, criticism, news reporting, research, teaching or scholarship. It provides for the legal, non-licensed incorporation of copyrighted material in works produced by others under a four-factor balancing test:
- the purpose and character of the use — e.g.; whether such use is of a commercial nature, or is for nonprofit educational purposes;
- the nature of the copyrighted work — the degree of creativity, fiction or nonfiction, etc.
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole — whether the amount offered is appropriate to the intended purpose, and whether what is offered is a duplicate of the work, or transformative, and
- the effect of the use upon the potential market for, or value of, the copyrighted work.
Fair use is a right granted to the public on all copyrighted work. Under present law and precidence, fair use rights take precedence over the author's interest. Versions of copyrighted materials are offered on this website for the purpose of making such materials available to the public in searchable form for research purposes. Their appearance here is deemed fair use, as follows:
- Versions of copyrighted material offered here are considered sufficiently transformative to invoke fair use. The digital forms provided on this website are not useful in the same manner as the original physical material, and are therefore not a substitute for it. Conversely, the purpose of presenting this material on ManitouIslandsArchives.Org is to make its content available in electronically searchable form, which is not a capability associated with hard copies of the materials.
- All of what is offered here consists of material that has been previously published, and which consists of nonfictional content, usually dealing with historical information. These factors diminish the significance of their nature as creative works, as understood under fair use doctines.
- Although full replications of a copyrighted works are offered here, such use has been found to be reasonable and necessary in light of the intended use, which is in this case to make such works electronically searchable for research and educational purposes. Furthermore, identical physical copies of the original material cannot readily be reproduced in the same form and quality by using the digital versions provided on the website.
- The offering of copyrighted material in digital form on this website does not diminish the market for the original physical material. To the contrary, its appearance here may increase exposure of the original physical versions and, wherever possible, purchase links to those versions are provided as a courtesy to the copyright holder. ManitouIslandsArchives.Org is operated as an unincorporated 501(c)(3) type nonprofit organization, as provided for under IRS rules for entities that generate no appreciable income. The web site is offered as a public service, and receives no remuneration of any kind from anyone for the content it makes freely accessible to everyone.
Questions, comments or complaints regarding this understanding of fair use, or the use of materials offered on this web site, should be addressed to Gene L Warner, ManitouIslandsOrchives.Org, 1320 Fulton Street, Grand Haven, Michigan 49417-1534, USA.
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