Semakan pada 13:47, 28 Ogos 2006 lihat sumber Alistair (bincang \| sumb.) 3,214 suntingan kTiada ringkasan suntingan ← Suntingan sebelumnya		Semakan pada 14:33, 28 Ogos 2006 lihat sumber Alistair (bincang \| sumb.) 3,214 suntingan →‎Undang-undang Suntingan berikutnya →
Baris 90: ==Undang-undang== [[Akta Hakcipta 1987]] [[Malaysia]] meletakkan syarat-syarat berikut berkenaan kegunaan adil; The [[United States Copyright Act of 1976\|Copyright Act of 1976]] sets out four factors to consider when deciding if the copying of a copyrighted work is fair and allowable without the consent of the copyright holder ({{UnitedStatesCode\|17\|107}}) '''Seksyen 9(4):''' ~~<blockquote>~~ 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— Reproduction of the typographical arrangement of a published edition for the purposes of research, private study, criticism, review or the reporting of current events does not infringe the copyright subsisting by virtue of this section if such reproduction is compatible with fair dealing: Provided that if such reproduction is made public it is accompanied by an acknowledgement of the title of the work and its authorship, except where the work is incidentally included in a broadcast. ~~# the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;~~ ~~# the nature of the copyrighted work;~~ ~~# the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and~~ ~~# the effect of the use upon the potential market for or value of the copyrighted work.~~ '''Seksyen 13(2):''' ~~The fact that a work is unpublished shall not itself bar a finding of Fair Use if such finding is made upon consideration of all the above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.[http://www4.law.cornell.edu/uscode/17/107.html]~~ ~~</blockquote>~~ Nowithstanding anything in subsection (1), the right of control under that subsection does not include the right to control - There is also a substantial body of case law which can be consulted, and is useful for determining what some of the vague terms in these factors (such as "substantiality" and "purpose") have translated to previously in a court of law. Stanford University Libraries [http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-c.html has put together a summary] of some of the most relevant cases on the subject. (a) the doing of any of the acts referred to in subsection (1) by way of fair dealing for purposes of non-profit research, private study, criticism, review or the reporting of current events, subject to the condition that if such use is public, it is accompanied by an acknowledgement of the title of the work and its authorship, except where the work is in connection with the doing of any of such acts for the purposes of non-profit research, private study and the reporting of current events by means of a sound recording, film or broadcast; On Wikipedia, copyrighted, unlicenced material may be used under fair use if we firmly believe that the use would be judged to be fair if we were taken to court. Where possible, "free" material should be used instead of fair use material to avoid compromising the goal of a free encyclopedia and to avoid unnecessary legal exposures. (b) the doing of any of the acts referred to in subsection (1) by way of parody, pastiche or caricature; (c) the inclusion in a film or broadcast of any artistic work situated in a place where it can be viewed by the public; (d) the reproduction and distribution of copies of any artistic work permanently situated in a place where it can be viewed by the public; (e) the incidental inclusion of a work in an artistic work, sound recording, film or broadcast; (f) the inclusion of a work in a broadcast, performance, showing or playing to the public, collection of literary or musical works, sound recording or film, if such inclusion is made by way of illustration for teaching purposes and is compatible with fair practice: Provided that mention is made of the source and of the name of the author which appears on the work used; (ff) any use of a work for the purpose of an examination by way of setting the questions, communicating the questions to the candidates or answering the questions: Provided that a reprographic copy of a musical work shall not be made for use by an examination candidate in performing the work; (g) the recording made in schools, universities or educational institutions of a work included in a broadcast intended for such schools, universities or educational institutions; (gg) the making of a sound recording of a broadcast, or a literary, dramatic or musical work, sound recording or a film included in the broadcast insofar as it consists of sounds if such sound recording of a broadcast is for the private and domestic use of the person by whom the sound recording is made; (ggg) the making of a film of a broadcast, or a literary, artistic, dramatic or musical work or a film included in the broadcast insofar as it consists of visual images if such making of a film of the broadcast is for the private and domestic use of the person by whom the film is made; (gggg) the making of copies of television broadcasts which are subtitled or otherwise modified for people who are deaf or hard of hearing, or physically or mentally handicapped in other ways and the issuing of such copies to the public by non-profit making bodies or institutions which the Minister may, by order, prescribe; (h) the reading or recitation in public or in a broadcast by one person of any reasonable extract from a published literary work if accompanied by sufficient acknowledgement; (i) any use made of a work by or under the direction or control of the Government, by the National Archives or any State Archives, by the National Library, or any State library, or by such public libraries and educational, scientific or professional institutions as the Minister may by order prescribe, where such use is in the public interest and is compatible with fair practice and the provisions of any regulations, and - (i) no profit is derived therefrom; and (ii) no admission fee is charged for the performance, showing or playing, if any, to the public of the work thus used; Di Wikipedia, bahan yang dihakcipa boleh digunakan dibawah provisi kegunaan adil hanya apabila kami percaya dengan yakin bahawa penggunaannya akan diadili sebagai adil sekiranya kami dibawa ke mahkamah. Di mana mungkin, bahan "bebas" seharusnya digunakan berbanding kegunaan adil untuk mengelakkan kompromi terhadap tujuan mewujudkan ensiklopedia bebas dan pendedahan terhadap undang-undang yang keterlaluan. ==Polisi==

Wikipedia:Kandungan tidak bebas: Perbezaan antara semakan