Intellectual Property / Fair Use

© April Duncan, foxesandpoems.com, A Woman is a Poem - Read Her, 2013 - 2021. 

Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited.

For the purpose of this Agreement, "material" means any material published on foxesandpoems.com including, without limitation, all text, audio recordings, videos, images and graphics of any nature whatsoever. Reblogging is prohibited without written consent. 

You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner so as to create a database in electronic or paper form comprising all or part of the material appearing on foxesandpoems.com. You must not reproduce any part of the Web Site or the material or transmit it to or store it in any other Web Site or disseminate any part of the material in any other form, unless you have been granted express permission by the author of this material.

Creative Commons License

This website may contain copyrighted material, the use of which has not been specifically authorized by the copyright holders. This is protected under Fair Use.

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Copyright and Fair Use

This website contains some references, images, phonorecords and excerpts from copyrighted material. These uses fall well within the copyright doctrine of “Fair Use.”

Fair use refers to the right to reproduce, use and share copyrighted works of cultural production without direct permission from or payment to the original copyright holders. It is a designation that is assigned to projects that use copyrighted materials without profit.

All use of art/photography/phonorecord included with published material on foxesandpoems.com is attributed to their respective creative owners when that information is made available in the public domain. Foxesandpoems.com is a non-monetized poetry blog with no advertising and/or revenue obtained through any means. Foxesandpoems.com exists purely for purposes of artistic expression and discussion.

Section 107 of the United States Code, Title 17, specifies the conditions under which, “the fair use of a copyrighted work . . . for purposes such as criticism, comment, news reporting, teaching . . ., scholarship, or research, is not an infringement of copyright.” It provides four considerations for determining fair use: (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) 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.

The use on this website of other material is primarily for “criticism, comment, news reporting, scholarship or research” (and to some extent teaching). (1) (a) The “purpose and character” of the website (with no advertising) and any derivative book(s) (with few on-demand copies) are not “commercial.” (b) The overwhelming majority of the material is the author’s original work. It is in no way a mere collection of others’ copyrighted works, nor competitive with those sources. (2) The “nature of the copyrighted work” quoted is often “news” or “history,” categories given lesser protection in fair use cases than works of fiction. (3) Most uses involve excerpts rather than entire works.

Because the adverse financial impact on copyright owners is central to the purpose of copyright law, and the analysis of alleged violations, it’s relevant to note that, under factor (4), (a) no one in search of the quoted material would substitute this blog or book for the original source, (b) it is highly unlikely this website (or book created from it) will ever have more than a de minimis impact on any of the copyright works’ potential market, and (c) to the extent it might do so, it would be far more likely be a positive, rather than a negative, impact (by drawing attention to the work, crediting it, and providing a source where it may be found).

Finally, to the extent any copyright owner may wish, consideration will be given and granted to all reasonable requests that copyright material be removed from this website.