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;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
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Comments: 10
I took it down soon as it was tagged
Here's my suggestion: why not leave your article up, with my flag on it, and let Gather decide whether you have violated copyright, or if as you claim, your placing your name on someone else's work from the Chicago Tribune, the Cincinnati Enquirer, or the San Diego Tribune is, as you feel, fair use.
I suspect that the reason you immediately take down your flagged articles is that you know quite well that your cut and paste journalism is not fair use. But if you apparently feel that "Flaggot" me is so so very wrong, then let Gather decide. Fair enough?
Just a note..every article of mine that was flagged was released by Gather after I sent an e-mail to Gather support.