Copyright and Fair Use

​

This podcast and website contain some quotations and excerpts from material that might be copyrighted. These uses fall well within the copyright doctrine of “Fair Use.”

​

Section 107 of the United States Code, Title 17, specifies the conditions under which, “the fair use of a copyrighted work . . . for purposes such as criticism, comment, news reporting, teaching . . ., scholarship, or research, is not an infringement of copyright.”

 

It provides four considerations for determining fair use: (1) The purpose and character of the use, including whether such use is of 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 use on this podcast and website of other material is primarily for “criticism, comment, news reporting, scholarship or research”

(1) The overwhelming majority of the material is the podcast's commentary. It is in no way a mere collection of others’ copyrighted works, nor competitive with those sources.

(2) The “nature of the copyrighted work” quoted is often “news”,  categories given lesser protection in fair use cases than works of fiction.

(3) Most if not all uses involve excerpts rather than entire works.

​

Because the adverse financial impact on copyright owners is central to the purpose of copyright law, and the analysis of alleged violations, it’s relevant to note that, under factor (4), (a) no one in search of the quoted material would substitute this blog or podcast for the original source, (b) it is highly unlikely this podcast or website will ever have more than a de minimis impact on any of the copyright works’ potential market, and (c) to the extent it might do so, it would be far more likely be a positive, rather than a negative, impact (by drawing attention to the work, crediting it, and providing a source where it may be found).

 

Finally, to the extent any copyright owner may wish, consideration will be given to all reasonable requests that copyright material be removed from this podcast and website and from future podcasts.

​

Please note: All clips are edited for time and content. These are excerpts not the full audio. Links to all YouTube video and other sources are available in the episode notes for each episode.

​

​

​

 

​