[Taxacom] Literature request

Doug Yanega dyanega at ucr.edu
Thu Aug 31 19:31:03 CDT 2017

Not trying to fan the flames, but in the US, at least, the legal statute 
that pertains to "fair use" of a work under copyright is as follows:

17 U.S.C. § 107

Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. 
§ 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:

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.

Given the nature of the criteria, one MUST evaluate on a case-by-case basis.

That being said, if someone obtains a copy of an entire copyrighted book 
*with a limited market*, then it might easily violate the fourth 
criterion, even if purely for scholarly purposes. That is, an academic 
work whose potential market is - at best - less than 10,000 copies might 
very well be argued to experience a negative impact if someone makes it 
possible for potential buyers to obtain a copy for free. Speaking as 
someone who authored a book that sold fewer than 3000 copies in 25 
years, had I been receiving any royalties or residuals, I would have 
been fairly upset if someone had put a copy of that work online where 
people could get it for free (as it is, that work is sold at cost, so I 
get nothing). The more limited the market, the more likely it is that 
online copies would violate fair use.



Doug Yanega      Dept. of Entomology       Entomology Research Museum
Univ. of California, Riverside, CA 92521-0314     skype: dyanega
phone: (951) 827-4315 (disclaimer: opinions are mine, not UCR's)
   "There are some enterprises in which a careful disorderliness
         is the true method" - Herman Melville, Moby Dick, Chap. 82

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