clepto1766
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Under Title 17 Section 107 & 108 of the US Code I have the right to have your material on my website for teaching purposes of VC Code. The purpose of my website is an Archive of all Verge resources to be provided to the public, free of charge, to give all known resources of Verge to the Public (Verge community). I am protected under Title 17 Section 107 and Title 17 Section 108 of US Code from infringement of copyrights. VERGE was created to make free and freely distributed games. I will not remove the rest of your work from my website.
Sec. 106. Exclusive rights in copyrighted works
Subject to sections 107 through 121, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
(1) to reproduce the copyrighted work in copies or
phonorecords;
(2) to prepare derivative works based upon the copyrighted
work;
(3) to distribute copies or phonorecords of the copyrighted
work to the public by sale or other transfer of ownership, or by
rental, lease, or lending;
(4) in the case of literary, musical, dramatic, and
choreographic works, pantomimes, and motion pictures and other
audiovisual works, to perform the copyrighted work publicly;
(5) in the case of literary, musical, dramatic, and
choreographic works, pantomimes, and pictorial, graphic, or
sculptural works, including the individual images of a motion
picture or other audiovisual work, to display the copyrighted
work publicly; and
(6) in the case of sound recordings, to perform the copyrighted
work publicly by means of a digital audio transmission
Sec. 107. 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.
Sec. 108. Limitations on exclusive rights: Reproduction by libraries and archives
(a) Except as otherwise provided in this title and notwithstanding the provisions of section 106, it is not an infringement of copyright for a library or archives, or any of its employees acting within the scope of their employment, to reproduce no more than one copy or phonorecord of a work, except as provided in subsections (b) and (c), or to distribute such copy or phonorecord, under the conditions specified by this section, if -
(1) the reproduction or distribution is made without any
purpose of direct or indirect commercial advantage;
(2) the collections of the library or archives are (i) open to
the public, or (ii) available not only to researchers affiliated
with the library or archives or with the institution of which it
is a part, but also to other persons doing research in a
specialized field; and
(3) the reproduction or distribution of the work includes a
notice of copyright that appears on the copy or phonorecord that
is reproduced under the provisions of this section, or includes a
legend stating that the work may be protected by copyright if no
such notice can be found on the copy or phonorecord that is
reproduced under the provisions of this section.
(b) The rights of reproduction and distribution under this section apply to three copies or phonorecords of an unpublished work duplicated solely for purposes of preservation and security or for deposit for research use in another library or archives of the type described by clause (2) of subsection (a), if -
(1) the copy or phonorecord reproduced is currently in the
collections of the library or archives; and
(2) any such copy or phonorecord that is reproduced in digital
format is not otherwise distributed in that format and is not
made available to the public in that format outside the premises
of the library or archives.
(c) The right of reproduction under this section applies to three copies or phonorecords of a published work duplicated solely for the purpose of replacement of a copy or phonorecord that is damaged, deteriorating, lost, or stolen, or if the existing format in which the work is stored has become obsolete, if -
(1) the library or archives has, after a reasonable effort,
determined that an unused replacement cannot be obtained at a
fair price; and
(2) any such copy or phonorecord that is reproduced in digital
format is not made available to the public in that format outside
the premises of the library or archives in lawful possession of
such copy. For purposes of this subsection, a format shall be considered obsolete if the machine or device necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.
(d) The rights of reproduction and distribution under this section apply to a copy, made from the collection of a library or archives where the user makes his or her request or from that of another library or archives, of no more than one article or other contribution to a copyrighted collection or periodical issue, or to a copy or phonorecord of a small part of any other copyrighted work, if -
(1) the copy or phonorecord becomes the property of the user,
and the library or archives has had no notice that the copy or
phonorecord would be used for any purpose other than private
study, scholarship, or research; and
(2) the library or archives displays prominently, at the place
where orders are accepted, and includes on its order form, a
warning of copyright in accordance with requirements that the
Register of Copyrights shall prescribe by regulation.
(e) The rights of reproduction and distribution under this section apply to the entire work, or to a substantial part of it, made from the collection of a library or archives where the user makes his or her request or from that of another library or archives, if the library or archives has first determined, on the basis of a reasonable investigation, that a copy or phonorecord of the copyrighted work cannot be obtained at a fair price, if -
(1) the copy or phonorecord becomes the property of the user,
and the library or archives has had no notice that the copy or
phonorecord would be used for any purpose other than private
study, scholarship, or research; and
(2) the library or archives displays prominently, at the place
where orders are accepted, and includes on its order form, a
warning of copyright in accordance with requirements that the
Register of Copyrights shall prescribe by regulation.
(f) Nothing in this section -
(1) shall be construed to impose liability for copyright
infringement upon a library or archives or its employees for the
unsupervised use of reproducing equipment located on its
premises: Provided, That such equipment displays a notice that
the making of a copy may be subject to the copyright law;
(2) excuses a person who uses such reproducing equipment or who
requests a copy or phonorecord under subsection (d) from
liability for copyright infringement for any such act, or for any
later use of such copy or phonorecord, if it exceeds fair use as
provided by section 107;
(3) shall be construed to limit the reproduction and
distribution by lending of a limited number of copies and
excerpts by a library or archives of an audiovisual news program,
subject to clauses (1), (2), and (3) of subsection (a); or
(4) in any way affects the right of fair use as provided by
section 107, or any contractual obligations assumed at any time
by the library or archives when it obtained a copy or phonorecord
of a work in its collections.
(g) The rights of reproduction and distribution under this section extend to the isolated and unrelated reproduction or distribution of a single copy or phonorecord of the same material on separate occasions, but do not extend to cases where the library or archives, or its employee -
(1) is aware or has substantial reason to believe that it is
engaging in the related or concerted reproduction or distribution
of multiple copies or phonorecords of the same material, whether
made on one occasion or over a period of time, and whether
intended for aggregate use by one or more individuals or for
separate use by the individual members of a group; or
(2) engages in the systematic reproduction or distribution of
single or multiple copies or phonorecords of material described
in subsection (d): Provided, That nothing in this clause prevents
a library or archives from participating in interlibrary
arrangements that do not have, as their purpose or effect, that
the library or archives receiving such copies or phonorecords for
distribution does so in such aggregate quantities as to
substitute for a subscription to or purchase of such work.
(h)
(1) For purposes of this section, during the last 20 years of any term of copyright of a published work, a library or archives, including a nonprofit educational institution that functions as such, may reproduce, distribute, display, or perform in facsimile or digital form a copy or phonorecord of such work, or portions thereof, for purposes of preservation, scholarship, or research, if such library or archives has first determined, on the basis of a reasonable investigation, that none of the conditions set forth in subparagraphs (A), (B), and (C) of paragraph (2) apply.
(2) No reproduction, distribution, display, or performance is authorized under this subsection if -
(A) the work is subject to normal commercial exploitation;
(B) a copy or phonorecord of the work can be obtained at a
reasonable price; or
(C) the copyright owner or its agent provides notice pursuant
to regulations promulgated by the Register of Copyrights that
either of the conditions set forth in subparagraphs (A) and (B)
applies.
(3) The exemption provided in this subsection does not apply to any subsequent uses by users other than such library or archives.
(i) The rights of reproduction and distribution under this section do not apply to a musical work, a pictorial, graphic or sculptural work, or a motion picture or other audiovisual work other than an audiovisual work dealing with news, except that no such limitation shall apply with respect to rights granted by subsections (b) and (c), or with respect to pictorial or graphic works published as illustrations, diagrams, or similar adjuncts to works of which copies are reproduced or distributed in accordance with subsections (d) and (e).
Michael Freligh
The Final Fantasy Chronicles
Posted on 2001-06-08 01:01:14
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