|Disclaimer and Fair Use |
Disclaimer – The posting of stories, commentaries, reports, documents and links (embedded or otherwise) on this site does not in any way, shape or form, implied or otherwise, necessarily express or suggest endorsement or support of any of such posted material or parts therein.
The myriad of facts, conjecture, perspectives, viewpoints, opinions, analyses, and information in the articles, stories and commentaries posted on this site range from cutting edge hard news and comment to extreme and unusual perspectives. We choose not to sweep uncomfortable material under the rug – where it can grow and fester.
We choose not to censor skewed logic and uncomfortable rhetoric. These things reflect the world as it now is – for better and worse. We present multiple facts, perspectives, viewpoints, opinions, analyses, and information. As with all controversies, we stand ready to post any and all rebuttals and responses from people mentioned in the material we post. Journalism is (or used to be) the profession of gathering and presenting a broad panorama of news about the events of our times and presenting it to readers for their own consideration.
We believe in the intelligence, judgment and wisdom of our readers to discern for themselves among the data which appears on this site that which is valid and worthy…or otherwise. The idea of a free press in America is one that we hold in the highest regard. We believe in bringing our site visitors and program listeners the widest possible array of information that comes to our attention.
We have great trust and respect for the American people, and our worldwide audience, and believe them to be fully-capable of making their own decisions and discerning their own realities. Among the thousands of articles posted here for your consideration, there will doubtless be some that you find useless, and possibly offensive, but we believe you will be perceptive enough to realize that even the stories you disagree with have some value in terms of promoting your own further self-definition and insight.
Our site is a smorgasbord of material…take what you wish and click or scroll right past that which doesn’t interest you. We suggest you don’t make ‘assumptions’ about our official position on issues that are discussed here. That is not what this site is about. We believe it to be unwise to sweep controversy under the carpet. We also firmly believe people should not only read material which they agree with. The opinions expressed through the thousands of stories here do not necessarily represent those of Mr. Salars, his radio program, his website, or his webmaster, Mr. James Neff. We are not going to censor the news and information here. That is for you to do. We strongly recommend not ‘assuming’ anything.
Read, consider, and make your own informed decisions. People ‘assumed’ the Warren Commission report was accurate. It was not. People ‘assumed’ the Federal Government would never conduct biochemical experiments on the general populace. But it did, by the score. People ‘assumed’ the world was once flat. One more time… Neither Randy Salars nor Randy Salars News And Comment necessarily adhere to, or endorse, any or all of the links, stories, articles, editorials, or products offered by sponsors found on this site, or broadcast on the Randy Salars radio program.
All of the materials and data offered on this site, and on the radio program, are for informational and educational purposes only. And remember: it’s all free to you, 24 hours a day, 7 days a week. Thank you for visiting. Enjoy.
The materials comprising the Randy Salars News And Comment news service (the “Website”) are provided by Randy Salars News And Comment as a service to its readers on an “as-is, as-available” basis for informational purposes only. Randy Salars News And Comment assumes no responsibility for any errors or omissions in these materials. Randy Salars News And Comment makes no commitment to update the information contained herein.
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|FAIR USE NOTICE. Many of the stories on this site contain copyrighted material whose use has not been specifically authorized by the copyright owner. We are making this material available in its efforts to advance the understanding of environmental issues and sustainability, human rights, economic and political democracy, and issues of social justice. We believe this constitutes a ‘fair use’ of the copyrighted material as provided for in Section 107 of the US Copyright Law. If you wish to use such copyrighted material for purposes of your own that go beyond ‘fair use’…you must obtain permission from the copyright owner. |
FAIR USE NOTICE. This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, politica, human rights, economic, democracy, scientific, and social justice issues, etc..
We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.
For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml United States Code: Title 17, Section 107 http://www4.law.cornell.edu/uscode/unframed/17/107.html 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 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.
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. United States Code: Title 17, Section 106 Chapter 1 – Subject Matter And Scope of Copyright http://www4.law.cornell.edu/uscode/unframed/17/106.html Subject to sections 107 through 120, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonorecords; (2) to prepare derivative works based upon the copyrighted work; (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; (4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.
TO: Members of the Faculty, Hoover Institution Fellows,Academic Staff, and Library Directors FROM: Condoleezza Rice, Provost RE: Copyright Reminder October 30, 1998 This memorandum provides a general description of the applicability of the copyright law and the so-called “fair use” exemptions to the copyright law’s general prohibition on copying. It also describes “safe harbor” guidelines applicable to classroom copying. The federal copyright statute governs the reproduction of works of authorship.
In general, works governed by copyright law include such traditional works of authorship as books, photographs, music, drama, video and sculpture, and also software, multimedia, and databases. Copyrighted works are protected regardless of the medium in which they are created or reproduced; thus, copyright extends to digital works and works transformed into a digital format. Copyrighted works are not limited to those that bear a copyright notice.
As a result of changes in copyright law, works published since March 1, 1989, need not bear a copyright notice to be protected under the statute. Two provisions of the copyright statute are of particular importance to teachers and researchers: * a provision that codifies the doctrine of “fair use,” under which limited copying of copyrighted works without the permission of the owner is allowed for certain teaching and research purposes; and * a provision that establishes special limitations and exemptions for the reproduction of copyrighted works by libraries and archives.
The concept of fair use is necessarily somewhat vague when discussed in the abstract. Its application depends critically on the particular facts of the individual situation. Neither the case law nor the statutory law provides bright lines concerning which uses are fair and which are not. However, you may find it helpful to refer to certain third party source materials.
Guidelines for classroom copying by not-for-profit educational institutions have been prepared by a group consisting of the Authors League of America, the Association of American Publishers, and an ad hoc committee of educational institutions and organizations. In addition, fair use guidelines for educational multimedia have been prepared by a group coordinated by the consortium of College and University Multimedia Centers (CCUMC).
These guidelines describe safe harbor conditions, but do not purport to define the full extent of “fair use.” The guidelines, as well as other source material, are available through a variety of resources, including through the world wide web site http://fairuse.stanford.edu. Stanford University Libraries & Academic Information Resources, in collaboration with the Council on Library Resources and FindLaw Internet Legal Resources, are sponsors of this web site. The site assembles a wide range of materials related to the use of copyrighted material by individuals, libraries, and educational institutions.
I hope that the discussion below helps to clarify further the nature of “fair use.” I. Fair Use for Teaching and Research The “fair use” doctrine allows limited reproduction of copyrighted works for educational and research purposes. The relevant portion of the copyright statue provides that the “fair use” of a copyrighted work, including reproduction “for purposes such as criticism, news reporting, teaching (including multiple copies for classroom use), scholarship, or research” is not an infringement of copyright. The law lists the following factors as the ones to be evaluated in determining whether a particular use of a copyrighted work is a permitted “fair use,” rather than an infringement of the copyright: * the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; * the nature of the copyrighted work; * the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and * the effect of the use upon the potential market for or value of the copyrighted work.
Although all of these factors will be considered, the last factor is the most important in determining whether a particular use is “fair.” Where a work is available for purchase or license from the copyright owner in the medium or format desired, copying of all or a significant portion of the work in lieu of purchasing or licensing a sufficient number of “authorized” copies would be presumptively unfair.
Where only a small portion of a work is to be copied and the work would not be used if purchase or licensing of a sufficient number of authorized copies were required, the intended use is more likely to be found to be fair. A federal appeals court recently decided an important copyright fair use case involving coursepacks. In Princeton University Press, et.al. v. Michigan Document Services, the U.S. Court of Appeals for the Sixth Circuit concluded that the copying of excerpts from books and other publications by a commercial copy service without the payment of fees to the copyright holders to create coursepacks for university students was not fair use.
The size of the offending excerpts varied from 30 percent to as little as 5 percent of the original publications. Although the opinion in this case is not binding in California, it is consistent with prior cases from other courts, and there is a reasonable likelihood that the California federal courts would reach a similar conclusion on similar facts. Where questions arise, we suggest that you consult the guidelines for classroom copying and other available source material available on the fair use web site, cited above.
Please note that the guidelines are intended to state the minimum, not the maximum, extent of the fair use doctrine. Thus, just because your use is not within the guidelines, it is it not necessarily outside the scope of fair use. In the absence of a definitive conclusion, however, if the proposed use deviates from the guidelines, you should consider obtaining permission to use the work from the copyright owner. In instances where the fair use question is important and permission would be difficult or expensive to obtain, a member of the Fair Use Advisory Group (described below) or the Legal Office can assist in analyzing whether a particular proposed use would constitute “fair use.”
Some photocopying services will obtain copyright permission and add the price of the royalties, if any, to the price of the materials. A request to copy a copyrighted work should generally be sent to the permission department of the publisher of the work. Permission requests should contain the following: * Title, author, and/or editor, and edition * Exact material to be used, giving page numbers or chapters * Number of copies to be made * Use to be made of the copied materials * Form of distribution (classroom, newsletter, etc.) *
Whether the material is to be sold Draft form letters can be obtained from or reviewed by a member of the Fair Use Advisory Group or the Legal Office. For certain works, permission may also be sought from the Copyright Clearance Center (CCC) which will quote a charge for works for which they are able to give permission. The Copyright Clearance Center can be contacted at www.copyright.com or (978) 750-8400, but it may be easier to go through a copying service that deals regularly with the CCC. II.
Course Reserves Some libraries at Stanford will refuse to accept multiple photocopies or to make photocopies of copyrighted materials needed for course reserves without first having permission from the copyright holder. Other libraries on campus will accept a limited number of photocopies for course reserves. Consult individual libraries for clarification of their policies. While the libraries have blanket permission from dozens of journals, obtaining permission sometimes takes a good deal of time.
Experience in obtaining permission has shown that an inquiry addressed to a journal publisher frequently produces information that the copyright is actually held by the author, and four weeks is often inadequate to obtain such permission. Four to six weeks is considered the norm. Permission may be obtained in a number of ways: * Upon request, some libraries on campus will obtain materials for course reserve. In these cases, the librarian will write to obtain permission to photocopy or to purchase reprints. H
owever, most libraries do not provide this service. * Written permission may be obtained by the academic department. * Oral permission may be obtained by faculty members, departmental secretaries, or library staff, in which case a written record is needed of that action. Note that filling course reserve requirements may require two to three months before the quarter begins if the library does not already have a copy of the publication, if the publication is out of print, or if the copyright holder is not readily available. III. Resources Additional information on copyright issues may be found on the world wide web site http://fairuse.stanford.edu.
Questions about the copyright law as it affects faculty and staff in their University capacities should be directed to a member of the Fair Use Advisory Group (see attachment) or to Linda Woodward in the Legal Office (3-9751), who can put you in touch with the appropriate lawyer to respond to your specific question. Questions about library policy and course reserves should be addressed to Assunta Pisani, Associate Director, University Libraries (apisani@sulmail or 3-5553). Information concerning the application of copyright law to computer software can be found in the memorandum “Copying of Computer Software” distributed by the Library and Information Resources and in Administrative Guide Memorandum 62.
Thank you for your cooperation in ensuring the observation of these guidelines. The information comprised on this site in not offered or held to be a solicitation of the views, ideasor policies explained or represented in stories, articles and editorials offered. It is being presentedas news and news only. Further, the content of Randy Salars News And Comment does not constitute advice or a recommendation by Randy Salars News And Comment and should not be relied upon in making (or refraining from making) any decision relating to the material presented here.
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COPYRIGHT INFRINGEMENT CLAIMS
If you believe in good faith that materials hosted by the Site infringe your copyright, you or your agent may submit a Digital Millennium Copyright Act (“DMCA”) notice by providing Randy Salars News and Comment with the following information in writing:
a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your name, address, telephone number, and email address and all other information reasonably sufficient to permit Randy Salars News and Comment to contact you;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any notification that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon SalarsNet actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Salarsnet a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA.
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Email for notice: firstname.lastname@example.org
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the contact address for Randy Salars News and Comment set forth below:
your physical or electronic signature;
identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the User Content; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Counter-notice of claims of copyright infringement can be sent to:
Designated Agent: Webmaster
Email for notice: email@example.com
If a counter-notice is received, you agree that Randy Salars News and Comment may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Randy Salars News and Comment’s sole discretion. You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid.
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