Reference Document

Bangkok Eyes Conformity to Copyright Law 17 USC
- Fair Use Clauses

Below (in BLACK) is from U.S. Government publications.   For your further information and guidance Bangkok Eyes has added notes (in RED) applicable to copyrighted material covered under Fair Use on this website.

Fair Use According to the US Government

"One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords.   This right is subject to certain limitations found in sections 107 through 118 of the copyright law (Title 17, U. S. Code).   One of the more important limitations is the doctrine of “fair use.”   The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in Section 107 of the copyright law.

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research.   Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

QUOTE   Title 17 of the United States Code:

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:

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
Bangkok Eyes is not a commercial site, nor do we accept advertising.   We are not financially supported by others, nor is there any source of income whatsoever.   Our intent when excerpting under "Fair Use" for publication on is "solely for educational purposes, specifically to provide a permanent open reference to the historical and ongoing sociological-demographical aspects of the Night Entertainment Industry as it affects Bangkok, Thailand and surrounds."   (See our 'Policy, The Internet'.)   There is no mechanism by which Bangkok Eyes can profit commercially or otherwise, or detract or limit the copyright holder's ability to profit commercially from material published under Fair Use.

2. The nature of the copyrighted work;
The nature of any excerpted copyrighted works appearing in Bangkok Eyes under "Fair Use" is solely, and only, relative to historical, sociological, and demographical information pertaining to the expatriate entertainment scene in Bangkok, Thailand and surrounds.   Bangkok Eyes excerpts for publication only the following : previously published text, promotional photos and materials for movies and books, and photographs which are in keeping with our stated policies and objectives.   Further, in that we are an "ongoing history" -or news blog- of the expatriate entertainment scene, it is possible our own copyrighted photography could inadvertently capture copyrighted images or trademarked goods.   This type of "Fair Use" by Bangkok Eyes is allowable by law under "incidental and fortuitous reproduction" - as discussed below.

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole;
The amount of quoted or excerpted material used by Bangkok Eyes when applying "Fair Use" is minimal, and never approaches a substantial, or an entire amount of the work being quoted or excerpted.   Bangkok Eyes does not excerpt the essence or "the heart" of a copyrighted work when publishing under "Fair Use".   The "minimal usage" policy of Bangkok Eyes is applied to all excerpted photographs, text, narratives, or promotional materials.   In each instance of Fair Use, the amount of reproduced media appearing in Bangkok Eyes is considered, under current precedents and prevailing interpretations, "de minimis" under the law.

4. The effect of the use upon the potential market for or value of the copyrighted work.
In that Bangkok Eyes always provides attribution / link-back information with the reproduced material, the only conceivable effect of publishing under Fair Use on the potential market for, or value of copyrighted material would be to drive, or refer more visitors/ communications to the copyright holder / publisher.   In that Bangkok Eyes can not, and does not, derive any profit or value from said publication of excerpted materials, this would either have a net zero effect on the potential market for, or value of the copyrighted material, or it would be of a positive value and benefit to the copyright holder.

: END QUOTE -  Title 17 of the United States Code

There is no specific number of words, lines, or notes that may safely be taken without permission.   Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.

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.”

(End of Government Publication)