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The producer makes
no claim whatsoever of original authorship or ownership of the original form of
any such material used, whether expressly identified or not.
No usurping of
commercial demand for the original material or its licensed derivatives is
intended in any way by any extent of use, which only the producer may thus
properly adjudge as necessary to his own purpose and presentation.
No substitutive
redistribution of any original material included, to whatever extent, is
intended in any way by any distribution of the producer's own presentation as
part of his primary livelihood as an artist and commentator.
The producer does
not in any way seek to assume upon himself, identify with, or benefit from any
favorable public perception, attraction, or goodwill that may, as intended by
the copyright holder, be associated with the source material in and of itself or
any symbolic elements thereof (including but not limited to logos, seals,
slogans, trademarks, or other indicia), however recognizable.
Under no
circumstances should the appearance of transformed copyrighted material, or any
symbolic elements thereof, be construed as an endorsement by the original
copyright holder of the producer's own presentation or point of view.
Under no
circumstances should the appearance of transformed copyrighted material, or any
symbolic elements thereof, be construed as an endorsement by the original
copyright holder of the producer's own presentation or point of view.
No libelous
misrepresentation of objective fact is intended by any transformation of the
original context, meaning, or substance of the source material or its elements,
no matter how subjectively provocative or offensive to the copyright holder such
transformation, and any associated criticism or humor, may be.
Use of this
material by the producer for the stated purposes, as well as any benefit or
commercial profit derived from said purposes, is therefore allowed and protected
by 17 USCS §107
(which specifies Fair Use
exceptions to the Copyright
Act of 1976), in conjunction
with subsequent legislative supplements and judicial clarifications, in
particular the unanimous decision by the United States Supreme Court in Campbell
v. Acuff-Rose Music, aka
"2 Live Crew", case #92-1292 (114 S. Ct. 1164, 127 L. Ed. 2d 500,
1994); these in addition to historical legal precedent, and the existing and
fundamental right to freedom of expression as recognized and secured by the First
Amendment to the Constitution
of the United States of America.
*
Therefore,
permission from the copyright holder to utilize this material for the producer's
stated purposes is neither sought nor required.
Consistent with
the above declarations, the producer recognizes, accepts, supports, and abides
by the general principles and intended purpose of copyright as a legal
protection against outright piracy or usurpation of authorship for the purpose
of intercepting direct commercial profit or benefit or attribution from the
original author. Such protection is historically and necessarily provided as an
additional incentive for the creative and intellectual pursuits that contribute
to cultural and social enrichment.
The producer's use
of copyrighted material is consistent with the "fair use" provisions
contained in §107 of the Copyright Act of 1976 due to the following
characteristics:
The producer's use
of copyrighted material is of a nonprofit, educational nature, intended for the
sole purposes of criticism and comment. This producer's use of copyrighted
material does not signifigantly negatively affect "the potential market for
or value of the copyrighted work(s)."
The producer's use
of registered trademark material is not subject to civil action or injunction as
outlined in §1114 and §1125 of the Trademark Act of 1946 (the Lanham Act) due
to the following characteristics of this work, and the registered marks
published herein:
The producer's use
of reproductions of registered marks is not for the purpose of commerce, nor is
the use connected with the sale, offering for sale, or advertising of any goods
or services. The producer's use of reproductions is not likely to cause
confusion, mistake, or deception as to the affiliaton, connection, or
association of this work with owners of published registered marks, nor as to
the origin, sponsorship, or approval of this work by owners of published
registered marks.
Wherever possible,
the copyright or registered mark owner's name has been noted near the
copyrighted work or registered mark; however, all material used in this site,
including, but not limited to, newspaper articles, syndicated news themes,
promos, and tv station logos, should be considered protected copyrighted
material or registered mark with all rights reserved to the owner, named or
unnamed.
The producer does not
recognize or accept the inappropriate misuse of copyright protection as a
statutory means of prohibiting legitimate free and creative expression and
illustration of critical perspective toward any aspect of copyrighted work or
its owner, or as a means of prohibiting the legitimate use of such work as
example, or as a means of lending unassailable authority to, and inhibiting
direct scrutiny of, any presentations, in particular those of a commercial
nature, which are inherently subjective, self-serving, invasive, propagandistic,
and/or otherwise serve, deliberately or not, to influence or modify public or
individual psychology, behavior or attitudes.
The
producer's own copyright, implicit or declared, applies to:
any collective
presentation by him, and the design and arrangement thereof, as a creative work
of original authorship in and of itself;
those individual
elements of the collective presentation (including photographic, musical,
narrative, or graphic) actually originating with the producer;
the producer's
transformation and/or recontextualization alone, within the above-stated
purposes and method, of existing copyrighted material;
any excerpts or
previews necessarily derived from the producer's collective presentation for the
purposes of illustration, exhibition, or promotion of that presentation alone,
or any part thereof.
This
Disclaimer, and Copyright, automatically applies to any and all independent,
non-contract productions and content presented or distributed in any medium
(recorded, broadcast, print, or online) by Paul Kenneth Burns
under any of the Famous Shot Media trademarks.
These sites
contain documents and information relating to copyright and fair use, with some
freedom of expression thrown in.
As seen in the
above statement:
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Fair
Use - 17 USCS §107
- the specific Title and Section in question
-
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The
Copyright Act of 1976
- if you really have time on your hands
-
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Campbell
v. Acuff-Rose Music
- the landmark 1994 Supreme Court decision
-
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First
Amendment/Bill of Rights
- just one page said it all (text)
-
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Bill
of Rights - the actual document
- the one page itself (85K jpg image)
-
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The
Constitution of the United States
- well, as long as you're at it (text)
Other copyright
links:
-
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Hustler
Magazine, Inc. v. Falwell
- another unanimous Supreme Court decision
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Comments
on the Fair Use Doctrine
- a fine treatise by Negativland
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The
Copyright Grab -
by Pamela Samuelson (from HotWired, via Negativland)
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Assault
on Public Domain
- notes by Michael Hart (Director, Project
Gutenberg)
©2001 Capital Charm Network/Famous Shot Media. All Right
Reserved.
Logos, pictures and other material used on this website are property
of their owners.
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