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![]() © 2003 Mingus Designs, thegiganticheartlessmultinationalcorp.com ™ - smallartobjects, R@wman Almanac,
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Web Site User Agreement and Disclaimers
Please read the following terms and conditions carefully before using this Web site or any of our other Web sites.
By accessing or using our site, you agree to the following terms and conditions. You should review these terms
and conditions regularly as they may change at any time at our sole discretion. If you do not agree to any term or
condition, you should not access or otherwise use our sites. The following terms and conditions apply to our
Web Site, including any Web sites owned, operated or sponsored by any of our affiliates. "Content" refers to any
materials, documents, images, graphics,logos, design, audio, video and any other information provided from or
on our Web site
1. We Provide Our Web Site For Your Convenience Only
Our Web site is provided to you without charge as a convenience and for your information only.
By merely providing access to our Web site content, we do not warrant or represent that:
* the content is accurate or complete;
* the content is up-to-date or current;
* we have a duty to update any content;
* the content is free from technical inaccuracies or typographical errors;
* the content is free from changes caused by third party; and
* your access to our Web site will be free from interruptions, errors, computer viruses or other harmful components.
We do not assume any liability for these matters. In other words, you use our Web site at your own risk. Under no
circumstances, including, but not limited to, negligence, shall we be liable for any direct or indirect, special, incidental
or consequential damages. This includes loss of data or profit arising out of the use or the inability to use the content
of this Web site, even if one of our representatives has been advised of the possibility of your damages. If your use of
our Web site results in your need to service, repair or correct equipment or data, you assume the costs to the extent the
law allows. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages
. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
2. We Provide Our Web Site "As Is" and Disclaim All Warranties
Our Web site content is provided "as is" and without warranties of any kind, either express or implied. We disclaim all
warranties, express or implied, including, but not limited to, implied warranties and merchantability and fitness for a
particular purpose.
3. We Do Not Have Responsibility for Links to Third Party Content. We may provide hyperlinks or pointers to other
Web sites maintained by third parties or may provide third party content on our Web site by framing or other methods.
The links to third party Web sites are provided for your convenience and information only. The content in any linked
Web sites is not under our control so we are not responsible for the content, including any further links in a third party
site. If you decide to access any of the third party sites linked to our Web site, you do this entirely at your own risk. It is
up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms,
Trojan horses and other items of a destructive nature.
4. If We Provide a Link, We Do Not Necessarily Endorse a Third Party
We reserve the right to terminate a link to a third party Web site at any time. The fact that we provide
a link to a third party Web site does not mean that we endorse, authorize or sponsor that Web site.
It also does not mean that we are affiliated with the third party Web site's owners or sponsors.
5. If a Third Party Links to Our Web Site, It is Not An Endorsement
If a third party links to our Web site, it is not necessarily an indication of an endorsement, authorization, sponsorship,
affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to
our Web site. A Web site that links to our Web site:
* May link to, but not replicate, our content;
* Should not create a browser, border environment or frame our content;
* Should not imply that we are endorsing it or its products;
* Should not misrepresent its relationship with us;
* Should not present false information about our products or services; and
* Should not contain content that could be construed as distasteful, offensive or controversial, and
should contain only content that is appropriate for all age groups.
6. If You Transmit or Provide Data to Us, It is Non-Confidential
We do not want to receive confidential or proprietary information from you through our Web site. If you
transmit to or post on our Web site any material, data, information or idea by any means, it will be
treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose.
Personal data provided to us will be handled in accordance with our policies regarding privacy.
You are not authorized to post on or transmit to or from our Web site any unlawful, threatening, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content
that could give rise to any civil or criminal liability under the law.
7. Your Use of Our Web Site is Restricted
Our Web site and its content are owned and operated by us. Our Web site's content is copyrighted and
protected by U.S. and worldwide copyright laws and treaty provisions.
In addition, our Web site content is protected by trademark laws, the laws of privacy and publicity, and
communications regulations and statutes.
No content from Mingus Designs or any other Web site owned, operated, licensed or controlled by us
may be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any
way.
You also may not, without our permission, "mirror" any material contained on our Web site on any other
server. The sole exceptions to these restrictions are:
* you obtain written permission from us to waive these restrictions; or
* you may download one copy of the content on a single computer for informational, non-commercial
and personal use only, provided you keep intact all copyright and other proprietary notices and do not
modify, and will not copy or post, the content on any network computer or broadcast in any media.
![]() If you violate these restrictions, you may be subject to civil and criminal penalties. If we grant you
permission to waive these reconstructions, the permission terminates automatically if you breach any of
these terms or conditions. Upon termination, you must immediately destroy any downloaded materials
and printed materials.
8. By Providing Content, We Do Not Allow You to Use Our Trademarks
The trademarks, service marks, and logos used and displayed on our Web site are our registered and unregistered
trademarks.
Nothing on this Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to
use any trademark, without our written permission. We aggressively enforce our intellectual property rights.
The name of Mingus Designs or R@man Small art objects our logo may not be used in any way, including in advertising
or publicity pertaining to distribution of materials on our Web site, without prior written permission. You are not authorized
to use our logo as a hyperlink to our Web site unless you obtain our written permission in advance.
9. We Are Not Providing Investment Advice Nor Soliciting Offers
Nothing in this site constitutes investment advice. In addition, our Web site content does not offer to sell or solicit any
offer to buy any security.
It is advisable to learn more about us and our industry through a variety of public materials.
10. Individuals/Companies Should Not Unduly Rely on Any Forward-Looking Information
Our Web site contains information that includes or is based upon forward-looking statements.
Forward-looking statements give our expectations or forecasts of future events.
You can identify these statements by the fact that they do not relate strictly to historical or current facts.
They typically use words such as "anticipate," "estimate," "expect,""project," "intend," "plan," "believe,"
and other similar words. Any or all of our forward-looking statements here or in other publications may
turn out to be wrong.
Forward-looking statements can be affected by inaccurate assumptions or by known or unknown risks
and uncertainties. Many such factors will be important in determining our actual future results.
Consequently, no forward-looking statement can be guaranteed.
Our actual results may vary materially, and there are no guarantees about the performance of our company.
These risks, uncertainties and factors include: the effects of government; worldwide general economic,
business and regulatory conditions; "Year 2003" issues; the ability to obtain and timing of future
business and contracts, risks inherent in designing and implementing innovative advanced technology;
performance based on completed research and development.
Given these uncertainties, you should not place undue reliance on these forward-looking statements.
We do not undertake any obligation to publicly release any revisions to any forward-looking statements to reflect changes
in events, circumstances or expectations or to reflect the occurrence of unanticipated events after the date on which such
statement is made.
New factors emerge from time to time, and it is not possible for management to predict all of such factors, nor can it
assess the effect of each such factor on our business or the extent to which any factor, or combination of factors, may
cause actual results to differ materially from those indicated by such forward-looking statements.
11. You Must Obey Local Laws in Accessing Our Web Site
This site is controlled by us from our offices within the United States of America. We make no representation that content
or materials in the site are appropriate or available for use in other jurisdictions. Access to our Web site content or materials
from jurisdictions where such access is illegal or prohibited.
If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance
with applicable local laws. We are not responsible for any law violations. You may not use or export the materials in this site
in violation of U.S. export and technology transfer laws and regulations.
Any claims relating to our Web site and its content and materials shall be governed by the laws of the State of New York
without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between us for any
purpose concerning this Agreement or the parties obligations shall be brought exclusively in a federal or state court in
New York.
12. You are Bound by Changes in this Agreement's Terms and Conditions
We may at any time revise these terms and conditions by updating this posting. By using our Web
site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then
current Mingus Designs Web Site User Agreement and Disclaimers to which you are bound. Certain provisions of these
terms and conditions may be superseded by other legal notices or terms located on parts of our Web site.
13. You Agree to Indemnify Us for Using Our Web Site
You agree to indemnify, defend and hold harmless Mingus Designs, its officers, directors, employees, agents,licensors,
suppliers and any third party information providers to us from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
14. Third Parties May Have Rights Under This Agreement
Some of the provisions of this Agreement are for the benefit of Mingus Designs and its officers, directors, employees, agents,
licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly
against you on its own behalf.
15. How This Agreement May Be Terminated
This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer
use our Web site after you have terminated this Agreement. Provisions 2, 6, 7, 8, 11, 13, and 14 of this Agreement shall survive
any termination of this Agreement.
16. Miscellaneous
Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver
of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision
of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.
© Copyright 2003 Mingus Designs
thegiganticheartlessmultinationalcorp.com, http://www.fortunecity.com/victorian/statue/1032/index.htm,
http://members.fortunecity.com/mingus2000 or funwithparanoia All Rights Reserved Republication and redissemination of the
content of these pages is expressly prohibited without the prior written consent of Mingus Designs. http://www.thegiganticheartlessmultinationalcorporation.com/
Mingus Designs shall not be liable for any errors, omissions, interruptions or delays in connection with the content or for any damages arising wherefrom.
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![]() Fair Use
FAIR USE NOTICE. Many of the stories on this site contain copyrighted material
whose use has not been specifically authorized by the copyright owner. We are
making this material available in its efforts to advance the understanding of
environmental issues and sustainability, human rights, economic and political
democracy, and issues of social justice. We believe this constitutes a 'fair use' of
the copyrighted material as provided for in Section 107 of the US Copyright Law.
If you wish to use such copyrighted material for purposes of your own that go
beyond 'fair use'...you must obtain permission from the copyright owner.
FAIR USE NOTICE. This site contains copyrighted material the use of which has
not always been specifically authorized by the copyright owner. We are making
such material available in our efforts to advance understanding of environmental,
politica, human rights, economic, democracy, scientific, and social justice issues,
etc.. We believe this constitutes a 'fair use' of any such copyrighted material as
provided for in section 107 of the US Copyright Law. If you wish to use
copyrighted material from this site for purposes of your own that go beyond 'fair
use', you must obtain permission from the copyright owner.
In accordance with Title 17 U.S.C. Section 107, the material on this site is
distributed without profit to those who have expressed a prior interest in receiving
the included information for research and educational purposes. For more
information go to: http://www.law.cornell.edu/uscode/17/107.shtml
United States Code: Title 17, Section 107
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 - (1) the purpose and character of the use, including
whether such use is of a 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; and (4) the
effect of the use upon the potential market for or value of the copyrighted work.
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.
United States Code: Title 17, Section 106 Chapter 1 - Subject Matter And Scope
Subject to sections 107 through 120, the owner of copyright under this title has the
exclusive rights to do and to authorize any of the following: (1) to reproduce the
copyrighted work in copies or phonorecords; (2) to prepare derivative works
based upon the copyrighted work; (3) to distribute copies or phonorecords of the
copyrighted work to the public by sale or other transfer of ownership, or by rental,
lease, or lending; (4) in the case of literary, musical, dramatic, and choreographic
works, pantomimes, and motion pictures and other audiovisual works, to perform
the copyrighted work publicly; (5) in the case of literary, musical, dramatic, and
choreographic works, pantomimes, and pictorial, graphic, or sculptural works,
including the individual images of a motion picture or other audiovisual work, to
display the copyrighted work publicly; and (6) in the case of sound recordings, to
perform the copyrighted work publicly by means of a digital audio transmission.
FAIR USE NOTICE: This site contains copyrighted material the use of which has
not always been specifically authorized by the copyright owner. We are making
such material available in our efforts to advance understanding of environmental,
political, human rights, economic, democracy, scientific, and social justice issues,
etc. We believe this constitutes a 'fair use' of any such copyrighted material as
provided for in section 107 of the US Copyright Law. In accordance with Title 17
U.S.C. Section 107, the material on this site is distributed without profit to those
who have expressed a prior interest in receiving the included information for
research and educational purposes. For more information go to:
FAIR USE NOTICE. Many of the stories on this site contain copyrighted material
whose use has not been specifically authorized by the copyright owner. We are
making this material available in its efforts to advance the understanding of
environmental issues and sustainability, human rights, economic and political
democracy, and issues of social justice. We believe this constitutes a 'fair use' of
the copyrighted material as provided for in Section 107 of the US Copyright Law.
If you wish to use such copyrighted material for purposes of your own that go
beyond 'fair use'...you must obtain permission from the copyright owner.
FAIR USE NOTICE. This site contains copyrighted material the use of which has
not always been specifically authorized by the copyright owner. We are making
such material available in our efforts to advance understanding of environmental,
politica, human rights, economic, democracy, scientific, and social justice issues,
etc.. We believe this constitutes a 'fair use' of any such copyrighted material as
provided for in section 107 of the US Copyright Law. If you wish to use
copyrighted material from this site for purposes of your own that go beyond 'fair
use', you must obtain permission from the copyright owner.
In accordance with Title 17 U.S.C. Section 107, the material on this site is
distributed without profit to those who have expressed a prior interest in receiving
the included information for research and educational purposes. For more
information go to: http://www.law.cornell.edu/uscode/17/107.shtml
United States Code: Title 17, Section 107
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 - (1) the purpose and character of the use, including
whether such use is of a 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; and (4) the
effect of the use upon the potential market for or value of the copyrighted work.
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.
United States Code: Title 17, Section 106 Chapter 1 - Subject Matter And Scope
Subject to sections 107 through 120, the owner of copyright under this title has the
exclusive rights to do and to authorize any of the following: (1) to reproduce the
copyrighted work in copies or phonorecords; (2) to prepare derivative works
based upon the copyrighted work; (3) to distribute copies or phonorecords of the
copyrighted work to the public by sale or other transfer of ownership, or by rental,
lease, or lending; (4) in the case of literary, musical, dramatic, and choreographic
works, pantomimes, and motion pictures and other audiovisual works, to perform
the copyrighted work publicly; (5) in the case of literary, musical, dramatic, and
choreographic works, pantomimes, and pictorial, graphic, or sculptural works,
including the individual images of a motion picture or other audiovisual work, to
display the copyrighted work publicly; and (6) in the case of sound recordings, to
perform the copyrighted work publicly by means of a digital audio transmission.
TO: Members of the Faculty, Hoover Institution Fellows,
Academic Staff, and Library Directors
FROM: Condoleezza Rice, Provost
RE: Copyright Reminder
October 30, 1998
This memorandum provides a general description of the applicability of the
copyright law and the so-called "fair use" exemptions to the copyright law's general
prohibition on copying. It also describes "safe harbor" guidelines applicable to
classroom copying.
The federal copyright statute governs the reproduction of works of authorship. In
general, works governed by copyright law include such traditional works of
authorship as books, photographs, music, drama, video and sculpture, and also
software, multimedia, and databases. Copyrighted works are protected regardless
of the medium in which they are created or reproduced; thus, copyright extends to
digital works and works transformed into a digital format. Copyrighted works are
not limited to those that bear a copyright notice. As a result of changes in copyright
law, works published since March 1, 1989 need not bear a copyright notice to be
protected under the statute.
Two provisions of the copyright statute are of particular importance to teachers and
researchers:
* a provision that codifies the doctrine of "fair use," under which limited copying of
copyrighted works without the permission of the owner is allowed for certain
teaching and research purposes; and
* a provision that establishes special limitations and exemptions for the
reproduction of copyrighted works by libraries and archives.
The concept of fair use is necessarily somewhat vague when discussed in the
abstract. Its application depends critically on the particular facts of the individual
situation. Neither the case law nor the statutory law provides bright lines concerning
which uses are fair and which are not. However, you may find it helpful to refer to
certain third party source materials. Guidelines for classroom copying by
not-for-profit educational institutions have been prepared by a group consisting of
the Authors League of America, the Association of American Publishers, and an ad
hoc committee of educational institutions and organizations. In addition, fair use
guidelines for educational multimedia have been prepared by a group coordinated
by the consortium of College and University Multimedia Centers (CCUMC).
These guidelines describe safe harbor conditions, but do not purport to define the
full extent of "fair use."
The guidelines, as well as other source material, are available through a variety of
resources, including through the world wide web site http://fairuse.stanford.edu.
Stanford University Libraries & Academic Information Resources, in collaboration
with the Council on Library Resources and FindLaw Internet Legal Resources, are
sponsors of this web site. The site assembles a wide range of materials related to
the use of copyrighted material by individuals, libraries, and educational institutions.
I hope that the discussion below helps to clarify further the nature of "fair use."
I. Fair Use for Teaching and Research
The "fair use" doctrine allows limited reproduction of copyrighted works for
educational and research purposes. The relevant portion of the copyright statue
provides that the "fair use" of a copyrighted work, including reproduction "for
purposes such as criticism, news reporting, teaching (including multiple copies for
classroom use), scholarship, or research" is not an infringement of copyright. The
law lists the following factors as the ones to be evaluated in determining whether a
particular use of a copyrighted work is a permitted "fair use," rather than an
infringement of the copyright:
* 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.
Although all of these factors will be considered, the last factor is the most important
in determining whether a particular use is "fair." Where a work is available for
purchase or license from the copyright owner in the medium or format desired,
copying of all or a significant portion of the work in lieu of purchasing or licensing a
sufficient number of "authorized" copies would be presumptively unfair. Where only
a small portion of a work is to be copied and the work would not be used if
purchase or licensing of a sufficient number of authorized copies were required, the
intended use is more likely to be found to be fair.
A federal appeals court recently decided an important copyright fair use case
involving coursepacks. In Princeton University Press, et.al. v. Michigan Document
Services, the U.S. Court of Appeals for the Sixth Circuit concluded that the
copying of excerpts from books and other publications by a commercial copy
service without the payment of fees to the copyright holders to create coursepacks
for university students was not fair use. The size of the offending excerpts varied
from 30 percent to as little as 5 percent of the original publications. Although the
opinion in this case is not binding in California, it is consistent with prior cases from
other courts, and there is a reasonable likelihood that the California federal courts
would reach a similar conclusion on similar facts.
Where questions arise, we suggest that you consult the guidelines for classroom
copying and other available source material available on the fair use web site, cited
above. Please note that the guidelines are intended to state the minimum, not the
maximum, extent of the fair use doctrine. Thus, just because your use is not within
the guidelines, it is it not necessarily outside the scope of fair use. In the absence of
a definitive conclusion, however, if the proposed use deviates from the guidelines,
you should consider obtaining permission to use the work from the copyright
owner. In instances where the fair use question is important and permission would
be difficult or expensive to obtain, a member of the Fair Use Advisory Group
(described below) or the Legal Office can assist in analyzing whether a particular
proposed use would constitute "fair use."
Some photocopying services will obtain copyright permission and add the price of
the royalties, if any, to the price of the materials. A request to copy a copyrighted
work should generally be sent to the permission department of the publisher of the
work. Permission requests should contain the following:
* Title, author, and/or editor, and edition
* Exact material to be used, giving page numbers or chapters
* Number of copies to be made
* Use to be made of the copied materials
* Form of distribution (classroom, newsletter, etc.)
* Whether the material is to be sold
Draft form letters can be obtained from or reviewed by a member of the Fair Use
Advisory Group or the Legal Office.
For certain works, permission may also be sought from the Copyright Clearance
Center (CCC) which will quote a charge for works for which they are able to give
permission. The Copyright Clearance Center can be contacted at
www.copyright.com or (978) 750-8400, but it may be easier to go through a
copying service that deals regularly with the CCC.
II. Course Reserves
Some libraries at Stanford will refuse to accept multiple photocopies or to make
photocopies of copyrighted materials needed for course reserves without first
having permission from the copyright holder. Other libraries on campus will accept
a limited number of photocopies for course reserves. Consult individual libraries for
clarification of their policies.
While the libraries have blanket permission from dozens of journals, obtaining
permission sometimes takes a good deal of time. Experience in obtaining
permission has shown that an inquiry addressed to a journal publisher frequently
produces information that the copyright is actually held by the author, and four
weeks is often inadequate to obtain such permission. Four to six weeks is
considered the norm.
Permission may be obtained in a number of ways:
* Upon request, some libraries on campus will obtain materials for course reserve.
In these cases, the librarian will write to obtain permission to photocopy or to
purchase reprints. However, most libraries do not provide this service.
* Written permission may be obtained by the academic department.
* Oral permission may be obtained by faculty members, departmental secretaries,
or library staff, in which case a written record is needed of that action.
Note that filling course reserve requirements may require two to three months
before the quarter begins if the library does not already have a copy of the
publication, if the publication is out of print, or if the copyright holder is not readily
available.
III. Resources
Additional information on copyright issues may be found on the world wide web
Questions about the copyright law as it affects faculty and staff in their University
capacities should be directed to a member of the Fair Use Advisory Group (see
attachment) or to Linda Woodward in the Legal Office (3-9751), who can put you
in touch with the appropriate lawyer to respond to your specific question.
Questions about library policy and course reserves should be addressed to Assunta
Pisani, Associate Director, University Libraries (apisani@sulmail or 3-5553).
Information concerning the application of copyright law to computer software can
be found in the memorandum "Copying of Computer Software" distributed by the
Library and Information Resources and in Administrative Guide Memorandum 62.
Thank you for your cooperation in ensuring the observation of these guidelines.
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