Template:Fair Use
This work is copyrighted and not published under a free license. Fair use is explicitly prohibited on Wikisource, since reproducing whole works is not fair use. Further explanation at Help:Licensing compatibility#Fair use.
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Usage
Wikisource does not apply the fair use doctrine at this time, per our policy Wikisource:Copyright policy. This license is not acceptable at English Wikisource for licensing works. Further explanation can be found at Help:Licensing compatibility#Fair use:
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Fair use or fair dealing is the concept that unlicenced copyrighted work can be legally used without paying licencing fees or recieving permission of the copyright holder (see Wikipedia's article on fair use). |
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Fair use is explicitly prohibited on Wikisource, since Wikisource's license allows use or distribution in circumstances where fair use is invalid (such as commercial exploitation). Furthermore, as described by the Amount and substantiality clause, reproducing whole works is not fair use. See the legal precedent set in Harper & Row v. Nation Enterprises (1985); as stated by Wikipedia's article on the subject, the US Supreme Court "determined that fair use is not a defense to the appropriation of work by a famous political figure simply because of the public interest in learning of that political figure's account of an historic event." Further, "the use of less than 400 words from President Ford's memoir by a political opinion magazine was interpreted as infringement because those few words represented "the heart of the book" and were, as such, substantial." |
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