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Notice
about use of copyrighted materials on this site
This
Web site uses copyrighted materials: excerpts from The
Book of Embraces by Eduardo Galeano (translated by Cedric
Belfrage) mostly, but also photos and other images, and
short quotations from a variety of news and other sources.
The "fair use" of copyrighted materials is covered
by the United States Code Title 17 Section 107, which is
reproduced below:
Sec.
107 of the United States Code. Limitations on exclusive
rights: Fair use
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unpublished shall not itself bar a finding of fair use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.
How
this site stacks up:
(1)
This Web site is the result of a class project by Ohio University
freshmen. Its purpose is educational and it is nonprofit.
(2)
The copyrighted work (in the case of The Book of Embraces)
is a translated work of literature.
(3)
This site uses only fifteen abrazos, or short fragments,
from Galeano's work. It also uses images corresponding to
those five fragments. The Book of Embraces includes
195 such fragments (almost all with corresponding images)
on 273 pages. That works out to be 7.7% counted that way.
Pagewise, this site reproduces the work of 16 pages out
of 273, or 5.8%. I (Patrick Madden, class's teacher) am
not up to counting the use wordwise.
(4)
Although it is hard to predict such things, it is my opinion
that this site can only increase interest in and sales of
Eduardo Galeano's books. This site includes links to Galeano's
books on amazon.com,
an online bookseller where those interested in reading more
can buy Galeano's books.
In
summary, this Web site fits the description of "Fair
Use" given by the U.S. Code in every way. What's more,
the intention of this site is to honor and analyze Eduardo
Galeano's writing as a means of understanding our world
better and making our writing better.
For
more on United States copyright laws, and to see where the
above text comes from, see the Cornell Law School's Legal
Information Institute Web page at www4.law.cornell.edu/uscode/17/
For
what it's worth, the LII states on their page that "The
United States Code itself is public domain. Portions of
the US Code retrieved via these pages can be used and redistributed
without permission from the LII or the U.S. Government
Printing Office. Distribution of these pages on the Internet does
not constitute consent to any use of this material for
commercial redistribution either via the Internet or using some other
form of hypertext distribution. Links to the collection
or individual pages in it are welcome."
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