document.write('<hr \/>Paul Goldstein, ','Stella W. and Ira S. Lillick, Professor of Law, Stanford University'.small(),'<br \/>Edmund W. Kitch, ','Joseph M. Hartfield, Professor of Law, University of Virginia'.small(),'<br \/>Harvey S. Perlman, ','Dean and Professor of Law, University of Nebraska'.small(),'<br \/><cite>Selected Statutes and International Agreements on Unfair Competition, Trademark, Copyright and Patent<\/cite> (Westbury, New&nbsp;York: The Foundation Press, Inc., 1996) pp. 136, 387.<h3>PART III<br \/><br \/>FEDERAL LAW MATERIALS:<br \/>COPYRIGHT AND PATENT<\/H3><hr \/><h3>A. COPYRIGHT ACT OF 1976 AS AMENDED<\/h3><h4>&#167; 107. Limitations on exclusive rights: Fair use<\/H4><p>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--<\/p><ol type="1"><li>the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;<\/li><li>the nature of the copyrighted work;<\/li><li>the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and<\/li><li>the effect of the use upon the potential market for or value of the copyrighted work.<\/li><\/ol><h3>PART IV<br \/><br \/>INTERNATIONAL LAW MATERIALS<\/h3><h4 style="text-align: center;">B. BERNE CONVENTION FOR THE<br \/>PROTECTION OF LITERARY<br \/>AND ARTISTIC WORKS<\/h4><h5 style="text-align: center;">Article 10<\/h5><ol type="1"><li>It shall be permissible to make quotations from a work which has already been lawfully made available to the public, provided that their making is compatible with fair practice, and their extent does not exceed that justified by the purpose, including quotations from newspaper articles and periodicals in the form of press summaries.<\/li><li>It shall be a matter of legislation in the countries of the Union, and for special agreements existing or to be concluded between them, to permit the utilization, to the extent justified by the purpose, of literary or artistic works by way of illustration in publications, broadcasts or sound or visual recordings for teaching, provided such utilization is compatible with fair practice.<\/li>');
document.write('<li>Where use is made of works in accordance with the preceeding paragraphs of this Article, mention shall be made of the source, and of the name of the author if it appears thereon.<\/li><\/ol><hr \/>');
document.write('William G. Hale, ','Professor of Law, University of Southern California, '.small(),'<cite>Law of the Press<\/cite> (St.&nbsp;Paul, Minn.: West Publishing Co., 1948) pp. 595-7<p align="center">WEST PUBLISHING CO. v. EDWARD THOMPSON CO.<br>','Circuit Court of the United States, E.&nbsp;D. New York, 1909. &nbsp;&nbsp;&nbsp;169&nbsp;F.&nbsp;833.'.small(),'<br>Chatfield, District Judge, opinion in part:<\/p><p align="center">"Common Use.<\/p><ol type="1"><li>"The public are entitled to make any use of a copyrighted book which does not amount to a violation of the exclusive right given by the statute.<\/li><li>"Anything less than a substantial copy of the whole or a material part of the book does not violate the exclusive right given by statute (99&nbsp;U.S.&nbsp;675), (and first syllogism supra).<\/li><li>"Hence, any one may copy less than a material part of a copyrighted book; i.e., he may make a fair use of it.<\/li><\/ol><p align="center">"Conclusions.<\/p><p>&nbsp;&nbsp;&nbsp;"The law upon the subject of infringement of copyright is as follows:<\/p><ol type="1"><li value="2">"Where there is some copying, that fact is not conclusive of infringement. Some copying is permitted. In addition to copying, it must be shown that this has been done to an unfair extent. ... Several classes of cases of copying have been held to be fair and hence not an infringement, such as \'fair quotation,\' \'extracts for comment and criticism,\' \'bona fide abridgments,\' etc. Perhaps others will be recognized when they arise. Each case depends upon its particular circumstances."<\/li><\/ol><hr \/>');
document.write('<p>','A good summation of where the public stands--outside of any exclusive use restriction--can be got from Mr. Justice Douglas\'s delivery of the Court\'s opinion in GRISWOLD v. CONNECTICUT: "The State may not, consistently with the spirit of the First Ammendment, contract the spectrum of available knowledge. The right of freedom of speech and press includes not only the right to utter or to print, but the right to distribute, the right to receive, the right to read and freedom of inquiry, freedom of thought, and freedom to teach--indeed the freedom of the entire university community."'.small(),'<\/p><p>','Much printed material, I find, that while given statutory exclusive rights, claims blanket protection under the law from <em>any<\/em> repitition of it whatsoever, with the possible exception of the well established fair use of brief quotes in reviews. Such a broad blanket of protection is not supported by law, in my opinion.'.small(),'<\/p>');
document.write('<p>','A fisherman was telling me of his favorite spot on the river. Seems it was behind an apartment complex that forbad trespassing. Since he could not traverse their property, he started at the bridge and walked along the bank till he got there. Well, somebody reported him and a policeman showed up to write him a ticket. He showed the cop the place in the book where fishermen were permitted <dfn>fair access<\/dfn> within the first two to four feet from the river. The policeman read it and wrote him a ticket anyway. "See you in court," the fisherman said.'.small(),'<\/p><p>','The judge was sympathetic to the property owner until the fisherman showed him what was in the book. "Case dismissed," the judge said.'.small(),'<\/p><p>','Ultimately, anybody\'s complaint about my fair use of his copyrighted material would be referred to the material displayed above, or derivative laws.'.small(),'<\/p><p>','The property owner with his signs and prohibitions might want to consider the final one of the '.small(),'TEN COMMANDMENTS:'.link("http:\/\/www.n7nz.org\/sweetnov.htm"),'<\/p><blockquote>(Exodus 20:17)<ol type="I" start="10"><li>Thou shalt not covet thy neighbour\'s house,<\/li><li value="10">thou shalt not covet thy neighbour\'s wife,<\/li><ul><li>nor his manservant,<\/li><li>nor his maidservant,<\/li><li>nor his ox,<\/li><li>nor his ass,<\/li><li>nor any thing that is thy neighbour\'s.<\/li><\/ul><\/ol><\/blockquote><p>','The riverbank access is \'servant\' to the fisherman, the owner\'s property rights notwithstanding.<br \/>If the apartment owner takes his own signs too seriously, he might get disappointed.'.small(),'<\/p><hr \/>');