Most information on this site is original and is the culmination of this author's views, opinions and analyses on various topics concerning real property.
Some information on this site, however, has been gleaned from other sources on the Internet which is believed to be in the "public domain." Any use of material by this author, which is otherwise copyrighted, is exempt from copyright infringement on the basis of an assertion of the "Fair Use" doctrine exclusion.
Fair Use is a doctrine that
permits limited use of copyrighted material without acquiring permission from
the rights holders.
Examples
of Fair Use include:
- Commentary
- Criticism
- News Reporting
- Research
- Teaching
- Library Archiving
- Scholarship
It provides for the legal, unlicensed citation or incorporation of copyrighted
material in another author's work under a four-factor balancing test:
Notwithstanding
the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 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.
This website shall be construed as a
“teaching”, “news reporting”, "criticism" or a “commentary”, or “research” about various matters and issues involved in real property sales transactions and real property issues in general pursuant to the meaning, scope and context of the Fair Use Doctrine.
No profit whatsoever
has been made, or will be made in the future, from running this non-profit educational site. No personal or pecuniary gain has been made, and I do not accept any direct form(s) of advertising on this site. No articles or material are sold on or through this site; but have been provided herein for free and on the basis of a not-for-profit educational or news reporting purpose or enterprise.
Therefore, no “infringement” upon the marketability nor the dilution of the value of a
person’s copyrighted material has been made herein and any use of material that is otherwise copyrighted is deemed to be exempt and covered under the Fair Use Doctrine.
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