Born by Bits Use Policy

• Whenever feasible, we use copyright-free material
• When we do use materials taken from sources where the copyright status is unclear, or the material is clearly copyrighted, we do our absolute best to include an attribute and a link to the site from which it was obtained. All of the graphics with purple borders are actually links, even if there is no textual link accompanying it.
• In most cases, we try to use the material within the spirit of the original postⁿ. However, this site is heavily built on social criticism^c, so many times we will not be using the material within its original context. In these cases, we make a special effort to get the appropriate licensing rights.
• If possible, we take our media from the larger news sources: Associated Press, CNN , The New York Times . This is not because we feel that these sources have less of a right to their intellectual property, but because this material is closer to the public domain and we are likely to have less of an impact on the marketability of their products^ma.
• If the owner of the copyright is clearly an individual or small organization, we make special effort to obtain proper distribution rights^p.
• If, at any time, we are asked by the owner of the copyright of materials we have posted to remove the material, we will do so immediately. If you have seen your materials on this site and would like us to remove it, please contact us at: webmasters@bornbybits.com .
• If we ever do anything on our site to try to make a profit^p, or if our site magically becomes extremely popular, we will revise this policy to be more strict in pursuing licenses and rights.

Fair Use

Included here is the Fair Use doctrine of the copyright act as posted by the U.S. Copyright Office . (We post this with no fear of violation of copyright, as stated in the Fair Use doctrine. Nice and circular, isn't it?) For a more fleshed-out explaination of the code, a nice place to look is Copyright Website .

One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright act (title 17, U.S. Code). One of the more important limitations is the doctrine of "fair use." Although fair use was not mentioned in the previous copyright law, the doctrine has developed through a substantial number of court decisions over the years. This doctrine has been codified in section 107 of the copyright law.

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. 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.

The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: "quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported."

Copyright protects the particular way an author has expressed himself; it does not extend to any ideas, systems, or factual information conveyed in the work.

The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.

When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of "fair use" would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered "fair" nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.