Declaration Of Ownership and Intellectual Property Rights
Domain Name "bangkokeyes.com" was allocated by/ through an ICANN accredited registrar (current registrar : PAIR NETWORKS INC.D/B/A PAIRNIC) to the current and sole Owner on 15 January 2002, and has been continuously identified as such in/by InterNIC since that date. Domain Name "Bangkok Eyes" does not possess or operate any
mirror websites, nor does it sell or lease or provide free of charge any media content to other websites or to other media, electronic or otherwise. Bangkok Eyes (bangkokeyes.com) is not affiliated with any individual or entity which has previously used, or has claimed to have previously used, "Bangkok Eyes" and/or "bangkokeyes.com" prior to 15 January 2002.
Copyright protection of material found on this website is as specified under U.S. law ( Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code ) and as specified by the U.N. World Intellectual Property Organization (WIPO), and other nations participating in international copyright protection. Bangkok Eyes (bangkokeyes.com) has not granted, is not granting, nor will Bangkok Eyes (bangkokeyes.com) grant any individual or entity any waiver for use of copyrighted material contained within this website, except for limited use on a case-by-case basis as specifically described herein below.
Registration of this website may be researched / verified at the InterNICWhois Registry : http://www.internic.net/whois.html, which provides the public with official information regarding Internet Domain Name registration. That information is summarized herein:
The news blog Bangkok Eyes (bangkokeyes.com) was created solely for educational purposes, specifically to provide a permanent open reference to the historical and ongoing sociological-demographical trends of the Night Entertainment Industry as it affects Bangkok, Thailand and surrounds.
Neither "Bangkok Eyes" (two capitalized words used together in series) nor "bangkokeyes.com" (as a Domain Name or as a neologism) were registered trade marks, service marks, or otherwise "Assigned Names" in the U.S.A or in the Kingdom of Thailand at the time this Domain Name and corresponding IP address were assigned (15 January 2002). As such, and by virtue of 'distinctive' and "continuous use in the marketplace" since inception of this website, Bangkok Eyes / bangkokeyes.com reserves exclusive rights of use, to include the exclusive right to use these distinctive names and the distinctive original graphic logos
to identify this website and any original media produced herein. It follows that neither "Bangkok Eyes" nor "bangkokeyes.com" may be incorporated into, or made or used to become part of, another Assigned Name, or Trade Mark, or Service Mark, or Domain Name. Further, no other graphic logos or distinctive wordings may be used by others in place of, or in addition to, the abovementioned distinctive wordings or distinctive graphic logos to represent, or refer to, any part of this website.
The "Bangkok Eyes" and the "bangkokeyes.com" and the graphic logos
may be used by other websites or other media for purposes of back-linking to this website, for example, as in "exchange of links" for mutual benefit, and by mutual agreement, however such use by others does not infer association with, or affiliation to, or rights to the trade/ service marks or intellectual property of, Bangkok Eyes / bangkokeyes.com website.
Provide topical, up-to-date news and information on the major Night Entertainment Areas of interest to expatriate residents and visitors to Bangkok, Thailand.
Provide historical background on these Night Entertainment Areas as well as trending of sociological changes and demographics in the Bangkok Night Entertainment environment.
Provide movie reviews on films currently showing in Bangkok and in the Kingdom of Thailand.
Provide book reviews on books relevant to Thailand and Southeast Asia.
Provide other items of general interest and use to residents, visitors and/or potential visitors to Bangkok.
Bangkok Eyes (bangkokeyes.com) has a visitor ‘hit counter’ to show cumulative original visits to this site. It records without embellishment the total number of visitors only. We do not use any tracking technologies such as “cookies” or other devices to identify visitors, or collect or harvest information of any kind, anonymous or otherwise, on visits to this website.
Bangkok Eyes does not accept advertising from third parties; links to other sites found on Bangkok Eyes are placed gratis, and visitors ‘clicking’ on these links will not activate script or precipitate the harvesting or recording of any data by Bangkok Eyes. However Bangkok Eyes does not have any knowledge of, or control over, or make any claim whatsoever regarding privacy policies or other policies of third party linked sites, to include methods, if any, they may employ for tracking, harvesting data or identifying visitors on their respective sites.
Bangkok Eyes therefore accepts no responsibility regarding privacy of visitors to third party sites through links found on this site, and the visiting party shall accept all responsibility for linking to third party sites, and for the determination of any and all policies and practices of those third party sites.
Policy, The Internet
Bangkok Eyes - bangkokeyes.com holds to the concept that the Internet is in the public domain and for public use.
Bangkok Eyes - bangkokeyes.com is independent of any affiliates, or sponsorship by outside or third parties or entities. Bangkok Eyes - bangkokeyes.com does not PROMOTE individual Entertainment Areas or Venues, nor do we PROMOTE any specific types of entertainment venues or types of entertainment therein.
It thereby follows that the publication of names of Entertainment Areas or Venues, or maps, or other descriptive text by Bangkok Eyes - bangkokeyes.com does not constitute ENDORSEMENT by bangkokeyes.com. Except as otherwise and explicitly written, bangkokeyes.com does not RECOMMENDEntertainment Areas and/or Venues mentioned in the bangkokeyes.com website pages.
All reportage, maps, historical data, photographs, onward links, and reviews are provided for information purposes only.
Bangkok Eyes - bangkokeyes.com does not recommend, or guarantee type of content, or viewer satisfaction from, any website linked to Bangkok Eyes - bangkokeyes.com, or any website having links on Bangkok Eyes - bangkokeyes.com. Websites having links on Bangkok Eyes - bangkokeyes.com were vetted by our staff prior to link placement, and their content and source reference(s) were found, at that juncture, to be in keeping with bangkokeyes.com policies. Bangkok Eyes - bangkokeyes.com does not warrant that linked websites are free of viruses or other malware, and responsibility for screening falls to the user.
All Bangkok Eyes / bangkokeyes.com material may be downloaded for personal viewing and use.
Other than for personal viewing and use, no other downloading, or storage, or application of Bangkok Eyes copyrighted material is authorized without prior written permission from Bangkok Eyes. Any authorized use of Bangkok Eyes copyrighted material is conditional on attribution to "Bangkok Eyes" and/or "bangkokeyes.com" for each usage. Sale of, or otherwise using Bangkok Eyes copyrighted material for commercial purposes or personal gain, is not authorized.
Material or media appearing on Bangkok Eyes website which originates from outside sources (not originating at Bangkok Eyes) does not necessarily express the views, objectives or intents of Bangkok Eyes - bangkokeyes.com.
All material submitted to Bangkok Eyes without attribution will be assumed to be in the public domain, and may be used, at the discretion of Bangkok Eyes, on the Bangkok Eyes - bangkokeyes.com web pages.
Attributed material submitted to Bangkok Eyes without pre-conditions may be used, at the discretion of Bangkok Eyes, on the bangkokeyes.com web page without referral. Bangkok Eyes may use such material or media unless the author of the material expressly states it may not be used. Bangkok Eyes will show attribution of all such material used on the Bangkok Eyes - bangkokeyes.com website. Bangkok Eyes assumes no responsibility for publication of material on this website which has been falsely or inaccurately attributed by outside contributors. Material appearing on bangkokeyes.com website in good faith which has been falsely or inaccurately attributed will be removed from this website immediately on receipt of the request of the legal owner of said material.
As allowable and acceptable under 'fair use', Bangkok Eyes will excerpt and quote source text for book reviews, and reproduce promotional photographs and source dialogue for movie reviews. Bangkok Eyes will from time to time excerpt photographs and other features for use on bangkokeyes.com website pages. Should any such usage described above be unacceptable to the owner of said material, Bangkok Eyes, on receipt of verifiable notification, will immediately discontinue use of that material. See 'Fair Use' law, and discussion below.
Bangkok Eyes is not a pornographic website, and does not solicit or receive nude photographs, or other pornographic materials or media, or requests for publication of same on this website. Bangkok Eyes has not, nor will not authorize websites having pornographic, paedophilic or illegal content to link to bangkokeyes.com .
Advertisers, if any, are solely responsible for content of their advertisements, however Bangkok Eyes reserves the right to edit and/or delete unilaterally and without notification or referral, any and all material or source references deemed by Bangkok Eyes to be pornographic, slanderous, against the laws of The Kingdom of Thailand, or potentially in breach of lése-majesté law, or not in keeping with Bangkok Eyes policies, whether said policies are explicit or implied.
Bangkok Eyes does not maintain any affiliated, mirror, or 'sister' websites or other media representations.
As noted above, Bangkok Eyes is an entirely independent website. Bangkok Eyes is not a commercial venture, does not generate revenue of any kind, and does not accept donations of any kind, nor are we a Non-Profit Organization as defined in the U.S.A or other countries. Bangkok Eyes is staffed by volunteer persons and website content is generated by these selfsame private individuals, none of whom are remunerated for services or contributions rendered to Bangkok Eyes - bangkokeyes.com. Their opinions are their own, and are not censored or edited in any way. Views expressed on Bangkok Eyes do not necessarily reflect the views of the registered owner.
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.
"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 bangkokeyes.com 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 would be, based on current precedents and prevailing interpretations, considered as "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 resultant 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)
Original publication date of this document : 21 February 2002.
This document most recently updated : 05 August 2016.
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