From the "Fair Use" article below:
"Purpose and character of the use,
including whether the use is of a commercial nature
or is for nonprofit educational purposes:
Courts look at how the party claiming fair use
is using the copyrighted work, and are more likely to find
that nonprofit educational and noncommercial uses are fair."
*Please take note that I refrain from using most popular programs
under 40 years.
What programs I use were said to be available by sellers
of PD and other programs on eBay and Amazon.
Some also came from Rerun Century and Archive Org.
I am not doing this for profit.
I do have a PayPal Donate link
for anyone that chooses on their own accord,
to do so. It is only to help me cover cost
of the website hosting and aquiring programing.
**Any entity or persons that claim ownership of a program
only need to ask and the program(s) in question will be removed.
If said entity or individual(s) would like to make
a legally binding deal to allow STARLITE to use the program(s),
as in trade for advertising their online store,
or other programs (on any platform), email and we'll work it out.
Currently I'm using mostly material that is 40-70 years old.
I would like all PD come up to 40 to 50 years.
(50 years would be 1980 to the 1950's).
Borrowed from a fellow Clasic TV enthusiast:
In regards to the legality of the Video Home recording Act
settled by Congress with the Home Recording Act
(P.L 102-563,106 Stat 4237, Codified at 17 U.S.C 1001-1010) Oct. 1992.
No action may be brought under this title alleging infringement
of copyright based on manufacture, importation
or distribution of a digital or analog recording medium or based
on the non-commercial use of such a device or medium.
No rights are intended, expressed or implied.
In case there are still questions regarding copyright infringement
to be raised it is requested that you review this Supreme Court Case:
Sony Corp vs. Universal City Studios (1984) under copyright law.
This is located at www.findlaw.com.
The exact address for this case file is:
Copyright Office Fair Use Info Page:
This Is On Many Programs Sold On Ebay:
From "The Ghost And Mrs Muir" Set.
PLEASE READ BEFORE PURCHASING
THIS IS NOT A RETAIL SET
THIS IS A COLLECTORS SET
THIS SET HAS NEVER BEEN COMMERCIALLY RELEASED
THIS SET INCLUDES ALL 50 EPISODES
THE QUALITY OF THIS SET IS THE ABSOLUTE FINEST AVAILABLE.
IT IS A SOLID 9 OUT 10.
THIS SET COMES WITH NO ARTWORK ON NAME BRAND DVD-R DISCS
AND IS SHIPPED IN PAPER SLEEVES.
REMEMBER YOU GET WHAT YOU PAY
FOR DON'T SETTLE FOR LESS OVER A COUPLE OF BUCKS .
THIS IS THE BEST SET OFFERED.
THIS SET HAS MET ALL OF EBAYS SELLING POLICIES
IN REGARD TO MEDIA IN THE PUBLIC DOMAIN.
ORIGINAL AIR DATE WAS 9/28/1968
AND ENTERED INTO PUBLIC DOMAIN FOR FREE ON 9/28/2008.
BUY WITH CONFIDENCE FROM A TRUSTED EBAY SELLER.
PLEASE CHECK OUT MY REVIEWS.
IN THE UNLIKELY EVENT YOU SHOULD RECIEVE A BAD DISC
SIMPLY CONTACT US AND WE WILL GLADLY REPLACE IT.
THIS SET COMES FROM A SMOKE FREE HOME.
Judicial Interpretation Of Public Domain
Judges, too, differ in their interpretation of the laws
governing copyright protection.
The United States is a "patchwork quilt" of inconsistent
copyright rules in different federal judicial districts.
The courts of one jurisdiction are not obliged to follow
the decisions of another.
The Supreme Court of the United States
(which could resolve those inconsistencies)
very seldom decides copyright cases, and then only when
an important principle is involved.
Time of Copyright:
Originally it was 28 years, then based on nothing but,
at least in my opinion, pure greed, it was pushed up
to 70 years After death of originator.
That time is rediculous to say the least.
I get it being during the originator's lifetime,
but then an added 70 years? For What?
In my opinion that's where the greed of Hollywood takes over.
My Personal Take:
Put an end to all the "Except This or Except That" nonsense.
Once declared Public Domain, The End.
40 to 50 years Maximum. NO Exceptions.
That is a long time and plenty for those responsible
for the product to make a lot of money from the work.
Put some aside for a family member or members,
if you want to leave something when time comes.
COPYRIGHT FAIR USE:
Fair use is a legal doctrine that promotes freedom of expression
by permitting the unlicensed use of copyright-protected works
in certain circumstances.
Section 107 of the Copyright Act provides the statutory framework
for determining whether something is a fair use and identifies
certain types of uses, such as criticism, comment, news reporting,
teaching, scholarship, and research as examples of activities
that may qualify as fair use.
Section 107 calls for consideration of the following four factors
in evaluating a question of fair use:
Purpose and character of the use, including whether the use is
of a commercial nature or is for nonprofit educational purposes:
Courts look at how the party claiming fair use is using the copyrighted work,
and are more likely to find that nonprofit educational and
noncommercial uses are fair.
This does not mean, however, that all nonprofit education
and noncommercial uses are fair and all commercial uses are not fair;
instead, courts will balance the purpose and character of the use against
the other factors below.
Additionally, “transformative” uses are more likely to be considered fair.
Transformative uses are those that add something new, with a further purpose
or different character, and do not substitute for the original use of the work.
Nature of the copyrighted work:
This factor analyzes the degree to which the work that was used
relates to copyright’s purpose of encouraging creative expression.
Thus, using a more creative or imaginative work (such as a novel, movie, or song)
is less likely to support a claim of a fair use than using a factual work
(such as a technical article or news item).
In addition, use of an unpublished work is less likely to be considered fair.
Amount and substantiality of the portion used in relation
to the copyrighted work as a whole:
Under this factor, courts look at both the quantity and quality
of the copyrighted material that was used.
If the use includes a large portion of the copyrighted work,
fair use is less likely to be found;
if the use employs only a small amount of copyrighted material,
fair use is more likely.
That said, some courts have found use of an entire work to be fair
under certain circumstances.
And in other contexts, using even a small amount of a
copyrighted work was determined not to be fair because the selection
was an important part—or the “heart”—of the work.
Effect of the use upon the potential market for or value
of the copyrighted work:
Here, courts review whether, and to what extent,
the unlicensed use harms the existing or future market for the
copyright owner’s original work.
In assessing this factor, courts consider whether the use is
hurting the current market for the original work (for example,
by displacing sales of the original) and/or whether the use
could cause substantial harm if it were to become widespread.
In addition to the above, other factors may also be considered
by a court in weighing a fair use question, depending upon the circumstances.
Courts evaluate fair use claims on a case-by-case basis,
and the outcome of any given case depends on a fact-specific inquiry.
This means that there is no formula to ensure that a
predetermined percentage or amount of a work or specific number of words,
lines, pages, copies—may be used without permission.
Please note that the Copyright Office is unable to provide specific
legal advice to individual members of the public about questions of fair use.
See 37 C.F.R. 201.2(a)(3).