the years we have operated this site ony one person has requested that
we provide credit for a particular photo, which we then did even though
that photo had been used in accordance with the fair use doctrine.
We believe that all material on this site is used in compliance with
the fair use doctrine in that the material is used for educational
purposes, it is of fact-based conent, the site is non-profit, and use
of the material on this site has no market effect. Below
are explanations of the fair use doctrine. If anyone feels that
their copyrighted material has been used on DigiCamHistory.Com in
violaltion of the fair use doctrine please notify us and we
will respond accordinly.
Fair use is a doctrine that permits limited use of copyrighted
material without acquiring permission from the rights holders. Examples
of fair use include commentary, search engines, criticism, parody, news
reporting, research, teaching, library archiving and scholarship. It
provides for the legal, unlicensed citation or incorporation of
copyrighted material in another author's work under a four-factor
balancing test. The term "fair use" originated in the United
States. A similar principle, fair dealing, exists in some other
common law jurisdictions. Civil law jurisdictions have other
limitations and exceptions to copyright. Fair use is one of the
traditional safety valves intended to balance the public's interest in
open access with the property interests of copyright holders.
One of the more important limitations is the doctrine of “fair
use.” The doctrine of fair use has developed through a substantial
number of court decisions over the years and has been codified in
section 107 of the copyright law.
Section 107 contains a list of the various purposes for which the
reproduction of a particular work may be considered fair, such as
criticism, comment, news reporting, teaching, scholarship, and
research. Section 107 also sets out four factors to be considered in
determining whether or not a particular use is fair.
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
4. The effect of the use upon the potential market for, or value of, the copyrighted work
We are in compliance of Section 107 as follows:
1. DigiCamHistory.Com is a non-commercial site operated at
our own expense for educational purposes. As such, our site is
clearly in the public interest and has been used by researchers,
authors and students world-wide since its inception. It averages
more than 5 million hits per year.
2. A photograph of any particular camera looks like any other
photograph of the same camera and can by no means be considered a work
3. A photograph of a single camera cannot be considered a substantial part of any work.
4. Photos of standard consumer cameras have no known market value.