Pro-Life - Original Articles

Copyright Issues

The original materials on this site are copyright by the respective authors.

Fair Use

Some of the materials on this web site are reproduced under the Fair Use doctrine, 17 U.S.C.  §107, which reads:

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
(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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
17 U.S.C. §107

Some of the materials republished under the Fair Use doctrine consist of small portions of a copyrighted work, and are being used for nonprofit educational purposes. In these cases, there is no adverse effect on the potential market for or the value of the writings, inasmuch as the writings were published many years ago in a periodical that was published for one particular date. My publishing of the material does not preclude making it part of a modern anthology; in fact, my having published it might make the anthology more attractive inasmuch as it would contain more such writings. No attempt has been made to market any of the writings, to my knowledge, in recent years.

The republishing of the materials I have chosen is related to the public purpose of encouraging the free exchange of ideas in a social, political, or moral debate, and as such, serves the public interest.

To arrive at my decision to provide these materials, I relied on the following court decisions:

Hustler Magazine, Inc., v. Moral Majority, Inc., 606 F.Supp. 1526 (1985)
Hustler Magazine, Inc., v. Moral Majority, Inc., 796 F.2d 1148 (9th Cir. 1986)
Maxtone-Graham v. Burtschaell, 803 F.2d 1253 (2nd Cir. 1986)
National Rifle Association of America v. Handgun Control Federation of Ohio, 15 F.3d 559 (6th Cir. 1994)

Some of the Bibles from which I have drawn verses are copyright. Aside from the issue of whether we have a right to copyright something co-authored by God and certain inspired persons who lived thousands of years ago, the use I have made of the selections also falls under the Fair Use doctrine.

Pro-Life - Original Articles