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Re: Re: Using copyrighted material in educational web site.[ Follow Ups ] [ Post Followup ] [ Copyright Forum ] [ FAQ ] Posted by aus@auslander.con on July 10, 2001 at 11:37:01: In Reply to: Re: Using copyrighted material in educational web site. posted by Robert Eckrich on July 10, 2001 at 08:22:57: : : I plan on building a tutorial website on photography. I'd like to be able to use some of the pictures of some camera gear from the manufacturer's websites for editorial comment on the gear. : : Also I'd like to post some copyrighted photos to discuss some of the techniques the photographer used to produce the image. : : Would this be covered by Fair Use clause of the copyright law since it will be used for educationl purpose and also for commentary? : K.Y. : I work for a professional association that conduct educational event throughout the year in a variety of formats, in person, via teleconference and Internet/Web. Our association's corporate counsel recently addressed the issue of whether copyright protected materials or trademarks in our materials, regardless of format. The bottom line for us was that although we're a not-for-profit association, we do derive revenues beyond expenses fromour programs in order to fund our association operations. Since we do make net revenue, even though not a profit, our attorney advises me that fair use does not apply for us. We have to seek permission to place copyright protected materials in our publications or programs, even though we're doing so as part of an overall educational process. Dear Mr. Eckrich, That looks like a very good answer. I hate to have to take time off to check things, if I'm not being paid. My recollection of the fair us provision jibes with what you have said. M. Arthur Auslander
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