Fair Use Act and HPHS

Although the courts have considered and ruled upon the fair use doctrine over and over again, no real definition of the concept has ever emerged. Indeed, since the doctrine is an equitable rule of reason, no generally applicable definition is possible, and each case raising the question must be decided on its own facts. On the other hand, the courts have evolved a set of criteria which, though in no case definitive or determinative, provide some gauge for balancing the equities. These criteria have been stated in various ways, but essentially they can all be reduced to the four standards which have been adopted in section 107: "(1) the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit 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 "purpose and character" of my Blog is NOT of a  "commercial nature" and certainly should be viewed for "educational purposes" and a benefit to the public. The "nature of the copyrighted work"  should be consider archival(scholarly, technical, scientific, etc.).  I use a number of separate sources that mitigates the "amount and substantiality of the portion used in relation to the copyrighted work as a whole". I can't anticipate "the effect of the use upon the potential market for or value of the copyrighted work".  HPHS  likely is NOT going to become widespread and likely WILL NOT negatively affect the market for or value of the copyrighted work.     


Further provisions allows circumvention that enables access to public interest works for the purposes of "criticism(DED), comment, news reporting, scholarship, or research." Another allows for circumvention that enables access to a public domain work, or a compilation of works that are primarily in the public domain. 


All material used is lawfully acquired or a purchased copy of original work. Instead of just copying verbatim my intentions are to combine photos and text from a number of sources to create something "new" that should further define "purpose and character".  Amount of copyrighted material(IF ANY) will be appropriate for the educational purpose intended.