||Did you notice the list of factors to be used in determining Fair Use? No? Let's step through those slowly, shall we?
- (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
Adequacy is an aggressively commercial concern, and the decision to publish comments submitted by the public is part of a carefully considered financial strategy;
- (2) the nature of the copyrighted work;
- The controversial comments published by Adequacy, as stated above, are a valuable part of an expertly crafted business plan;
- (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- In each and every case of comment deletion for reasons of Copyright Violation at Adequacy, the copied content has represented an excessively large portion of the original material in question, both in substance and in volume;
- (4) the effect of the use upon the potential market for or value of the copyrighted work.
- One aspect of the business plan of Adequacy is anchored in a commitment to original content, and even slight dilution of originality via flagrant disregard for copyright will be detrimental to the business.
It looks to me like your claim of Fair Use doesn't have a leg to stand on. Even if it did, Adequacy would still retain the right to refuse, rescind, or retract publication of any Work for any reason, barring contractual exceptions, including but not limited to a much narrower interpretation of the Fair Use provision of Copyright Law.
Your citation of applicability of Copyright to minors is immaterial here. Original work copyrighted by minors is just as important to the Adequacy as any other copyrighted material, and is treated as such.
If you want to argue Law with the Adequacy, we strongly suggest you retain the services of attorney, just as your first citation so wisely recommended.
© 2002, RobotSlave. You may not reproduce this material, in whole or in part, without written permission of the owner.