Re: Nie odbierajcie chleba Facebookowi

jerrygwizdek Napisał(a):

> Fair use act nie dziala w przypadku podmiotow
> komercyjnych- np ten portal. Common law tez nie
> dziala w przypadku podmiotow komercyjnych.

Na czym opierasz to twierdzenie?

"A common misconception is that any for-profit use of someone else's work is not fair use and that any not-for-profit use is fair. In actuality, some for-profit uses are fair and some not-for-profit uses are not; the result depends on the circumstances. Courts originally presumed that if your use was commercial it was an unfair exploitation. They later abandoned that assumption because many of the possible fair uses of a work listed in section 107's preamble, such as uses for purposes of news reporting, are conducted for profit. Although courts still consider the commercial nature of the use as part of their analysis, they will not brand a transformative use unfair simply because it makes a profit. Accordingly, the presence of advertising on a website would not, in of itself, doom one’s claim to fair use."

[www.dmlp.org]

Pozdrawiam,
Adam