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Fair Use
All independent
visual and audio productions(if applicable) under UPnetwork.net are composed
primarily from existing copyrighted images and sound captured from the recordings
or transmissions of the mass telecommunications and entertainment industry.
It has become an accepted fact that the culture and society of our time is defined
and dominated by that industry. Therefore, this existing material is utilized
and/or transformed (whether as a directly related or interpretive representation)
by the producer as essential to his legally protected purpose and chosen, historically
established and recognized artistic livelihood and method of presenting personal
commentary, criticism, scholarship, satire, or parody of or about that industry,
culture, and/or society, or any segment thereof.
The producer
makes no claim whatsoever of original authorship or ownership of the original
form of any such material used, whether expressly identified or not.
No usurping
of commercial demand for the original material or its licensed derivatives
is intended in any way by any extent of use, which only the producer may thus
properly adjudge as necessary to his own purpose and presentation.
No substitutive
redistribution of any original material included, to whatever extent, is intended
in any way by any distribution of the producer's own presentation as part
of his primary livelihood as an artist and commentator.
The producer
does not in any way seek to assume upon himself, identify with, or benefit
from any favorable public perception, attraction, or goodwill that may, as
intended by the copyright holder, be associated with the source material in
and of itself or any symbolic elements thereof (including but not limited
to logos, seals, slogans, trademarks, or other indicia), however recognizable.
Under no circumstances
should the appearance of transformed copyrighted material, or any symbolic
elements thereof, be construed as an endorsement by the original copyright
holder of the producer's own presentation or point of view.
No libelous
misrepresentation of objective fact is intended by any transformation of the
original context, meaning, or substance of the source material or its elements,
no matter how subjectively provocative or offensive to the copyright holder
such transformation, and any associated criticism or humor, may be.
Use of this
material by the producer for the stated purposes, as well as any benefit or
commercial profit derived from said purposes, is therefore allowed and protected
by 17 USCS §107 (which specifies Fair Use exceptions to the Copyright Act
of 1976), in conjunction with subsequent legislative supplements and judicial
clarifications, in particular the unanimous decision by the United States
Supreme Court in Campbell v. Acuff-Rose Music, aka "2 Live Crew", case #92-1292
(114 S. Ct. 1164, 127 L. Ed. 2d 500, 1994); these in addition to historical
legal precedent, and the existing and fundamental right to freedom of expression
as recognized and secured by the First Amendment to the Constitution of the
United States of America.
Therefore,
permission from the copyright holder to utilize this material for the producer's
stated purposes is neither sought nor required.
Consistent with
the above declarations, the producer recognizes, accepts, supports, and abides
by the general principles and intended purpose of copyright as a legal protection
against outright piracy or usurpation of authorship for the purpose of intercepting
direct commercial profit or benefit or attribution from the original author.
Such protection is historically and necessarily provided as an additional incentive
for the creative and intellectual pursuits that contribute to cultural and social
enrichment. The producer's use of copyrighted material is consistent with the
"fair use" provisions contained in §107 of the Copyright Act of 1976 due to
the following characteristics: The producer's use of copyrighted material is
of a nonprofit, educational nature, intended for the sole purposes of criticism
and comment. This producer's use of copyrighted material does not significantly
negatively affect "the potential market for or value of the copyrighted work(s)."
The producer's use of registered trademark material is not subject to civil
action or injunction as outlined in §1114 and §1125 of the Trademark Act of
1946 (the Lanham Act) due to the following characteristics of this work, and
the registered marks published herein: The producer's use of reproductions of
registered marks is not for the purpose of commerce, nor is the use connected
with the sale, offering for sale, or advertising of any goods or services. The
producer's use of reproductions is not likely to cause confusion, mistake, or
deception as to the affiliaton, connection, or association of this work with
owners of published registered marks, nor as to the origin, sponsorship, or
approval of this work by owners of published registered marks. Wherever possible,
the copyright or registered mark owner's name has been noted near the copyrighted
work or registered mark; however, all material used in this site, including,
but not limited to Characters, Comics, and Pictures should be considered protected
copyrighted material or registered mark with all rights reserved to the owner,
named or unnamed. The producer does not recognize or accept the inappropriate
misuse of copyright protection as a statutory means of prohibiting legitimate
free and creative expression and illustration of critical perspective toward
any aspect of copyrighted work or its owner, or as a means of prohibiting the
legitimate use of such work as example, or as a means of lending unassailable
authority to, and inhibiting direct scrutiny of, any presentations, in particular
those of a commercial nature, which are inherently subjective, self-serving,
invasive, propagandistic, and/or otherwise serve, deliberately or not, to influence
or modify public or individual psychology, behavior or attitudes. The producer's
own copyright, implicit or declared, applies to:
any collective
presentation by him, and the design and arrangement thereof, as a creative
work of original authorship in and of itself;
those individual
elements of the collective presentation (including photographic, musical,
narrative, or graphic) actually originating with the producer;
the producer's
transformation and/or recontextualization alone, within the above-stated purposes
and method, of existing copyrighted material;
any excerpts
or previews necessarily derived from the producer's collective presentation
for the purposes of illustration, exhibition, or promotion of that presentation
alone, or any part thereof.
This Disclaimer,
and Copyright, automatically applies to any and all independent, non-contract
productions and content presented or distributed in any medium (recorded, broadcast,
print, or online) by myself under UPnetwork.net.