Glenn Maynard wrote: > On Thu, Sep 23, 2004 at 06:15:23PM -0400, Glenn Maynard wrote: > >>On Thu, Sep 23, 2004 at 12:06:53PM -0700, Josh Triplett wrote: >> >>>As an mildly-related aside: what is the policy on short snippets of >>>material, presumably included under some variant of Fair Use? I know of >>>one package (fillets-ng) which contains a very brief clip (about a >>>second, I think) constructed from a couple of images from "The Simpsons". >> >>Since Debian can't depend on free use (since many jurisdictions don't >>have it), it shouldn't be distributing anything based on it. This >>sounds like a bug. > > On some more reflection, I can't see how including images from the Simpsons > in a game is covered under Fair Use, either ... >From 17 USC 107 <http://www4.law.cornell.edu/uscode/17/107.html>: > 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. There is a strong case for Fair Use of the imagery based on the latter two factors. The actual use of the imagery in the game is also more-or-less a parody, which is a protected right. Nevertheless, as you said in your previous message, these rights are (unfortunately) not universal. - Josh Triplett
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