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Restored TV video documentation for educational... (more)
Added: January 07, 2008
Restored TV video documentation for educational and historical documentational purposes. Part
1 of 4. FAIR USE

Why I deem FAIR USE is LEGALLY VALID in the case of this 4-part A/V documentation:

Firstly, FAIR USE applies if:

1. the purpose and character of the use, including whether such use is of commercial nature or
is for nonprofit educational purposes;
{ My use is not generating any profit at all, and I do not intend to sell these A/V items separately
or as part of a Special Feature in a docu-drama motion picture DVD. Should a major film studio
seek to make a docu-drama motion picture of me and seek to provide a Special Feature of actual
TV interviews they would and should pay all due fees/royalties to any and all rightful copyright
owners. Were that to change I would be obliged to accept charges.}
2. the nature of the copyrighted work;
{ These TV interviews are: a. About me! And so I consider that the TV company made profits at my
expense, and without me they would not have made such profits. I did not receive any material
remuneration for them on the part of the TV companies concerned. }.
3. amount and substantiality of the portion used in relation to the copyrighted work as a whole;
and { In these instances I am not using the whole news program, but only that minor part of it
which is about me and solely about who I am and what I do. }
4. the effect of the use upon the potential market for or value of the copyrighted work. { If said
companies were to make a commercial audio-visual product, such as a Compilation Documentary
of Human Interest Stories, and I would be given at least one courtesy copy and the right to
separately document and display that story specifically about me, then I would provide only an
excerpt of the A/V item and promote the sale of the DVD, or other A/V recorded format.
Furthermore, this footage is at risk of being lost to history and I am serving the interests of
documenting what I deem to be important historical facts about my life that are also about a
national and international social and cultural legacy, as the first person in US history to engage in
this Free Advice activity! Again, if these A/V recording were to be part of a Special Features in a
DVD docu-drama movie about my life, I would only show an excerpt of them. Furthermore, at the
time of these interviews I asked permission from the interviewer to have a copy for my own
records and use, and verbal agreement was also reached that allowed me to use it for
self-promotion, so long as I was not profiting from such! In effect, the price of my appearing was
in exchange for certain usage rights. Last, but not least, these items are from over ten years ago
and about me! Were I interviewed today I would do so on condition that after at least one year I
would have the right to include them in an educational, historic documentation format,
regardless of associated commercial use! }

NOTE: If you are a Sociology, Anthropology, Psychology, New York History teacher/educator/researcher, or
any other educator/teacher who finds these Audio-Visual documents interesting, educational and informative,
you may show these Audio-Visual documents to your colleagues and students, but you may not charge any
fee or use them directly to make a profit. If any of these Audio-Visual documents should be used again by
the Copyright owners as part of a Compilation work or a Special Features element on a commercial DVD or
other commercial product then the items here may be removed and a link to the item for sale (that contains
the full interview(s), which would also be Copyright protected, will be posted. The only reason the entire
interviews are shown, at present, is because there is a chance that they would otherwise be lost to history
and fail to serve the educational and other scientific, public interest purposes that they embody. The specific
copyright holders have, at the time of production, given me (J.P. Fenyo) permission to use them for
documentary purposes, provided that there is no direct financial gain and that I respect any future requests
they, the holders, may make concerning these works. You may share links to these items, but you may not
store the actual material without prior permission from both myself and the Copyright holders. As a creative
thinker, artist, writer and intellectual I strongly respect and support, to the best of my knowledge, the
principle upon which Copyright Law is based, because otherwise nothing at all of quality would or could be
produced, as there would be no financial incentive, no ability to survive, etc... Finally, the minute any and/or
all of these Audio-Visual items become available on a commercial public retail basis I will have to remove
those items concerned, without significant delay...unless I am able to come to some kind of arrangement that
would help promote the Intellectual Product concerned.