As an individual member of the public whose web pages werecompletely not-for-profit, and in no way commercial (they had noadvertising; no promotion of book sales or promotion of subscriptionsor anything else; and there was no access charge or restriction),
I took the position that my credited use of the images waspermissible as personal fair use, and
that it was also within the scope of the Copyright and PermissionPage of The Oriental Institute of The University of Chicago, whichstated in part: "... The text and images in the Oriental InstituteWorld-Wide Web database are for the personal, not-for-profit use ofstudents, scholars, and the public. ...".
However, The Oriental Institute of The University of Chicagodisagreed, stating that "... The University of Chicago's LegalServices Department ... consider[s] your use as it existstoday to be in violation [of "fair use"] ...",
and further stated that if I did not "... purchase publicationrights for the image ..."
then, if I did not remove the images from my web pages, TheUniversity of Chicago's Legal Services Department would notify myInternet Service Provider that I am engaging in what they consider tobe "copyright infringement".
Since my web pages produce no revenue, I declinedto purchase publication rights.
It is my opinion that I am not engaging in "copyrightinfringement" under either
the terms of the Copyright and Permission Page of The OrientalInstitute of The University of Chicago as it was existed at the timeof their objection on 16 March 1999, or
under the terms of the applicable laws, including but not limitedto Title 17, Section 107, of the United States Code. Here is thatcode section, along with my opinions (inred) of its applicablility to this case:
Sec. 107. 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 -
My use is for criticism, comment, and my individual scholarship and research.
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
My use is non-comercial and not-for-profit expression of Free Speech.
(2) the nature of the copyrighted work;
The copyrighted work is the Giza Plateau Computer Model, which includes many images and much text.
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
My use is of only a very small portion of the images of the Giza Plateau Computer Model.
(4) the effect of the use upon the potential market for or value of the copyrighted work. 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.
If it has any effect at all, my use probably enhances the potential market for and value of the Giza Plateau Computer Model, as my web pages do not contain enough information about it to compete as a source with The Oriental Institute of The University of Chicago, and it is possible that people browsing my web pages might thereby be introduced to and become interested in the Giza Plateau Computer Model.
I sent an e-mail message to The Oriental Institute of TheUniversity of Chicago, saying in part:
"... I would appreciate it very much if you would put me in contact with The University of Chicago's Legal Services Department, that they can cite to me laws and precedent cases that would make clear to me the status of the terms "personal" and "fair use".
If it is clear to me from their citations that you are correct, I will, with regret (because your material is excellent and your research is most enlightening) remove your material from my web pages.
On the other hand, if it is not clear, and the meaning of these terms is legally unsettled as of now, this may be a good opportunity to get a judicial ruling that would clarify the meaning of those terms in the context of an individual member of the public with non-commercial, not-for-profit web pages. ...
... I look forward to communicating with your Legal Services Department.".
Tony's Home was Off the Web, butNow It's Back.