George E. — :usd::NM::ath::adhd:🇺🇦🇵🇸🏳️‍🌈🏳️‍⚧️ on Nostr: I misunderstood you. I interpreted your point to mean that you have chapters or ...

I misunderstood you. I interpreted your point to mean that you have chapters or content that was embedded within a CC0 work, but that you had licensed separately, and more restrictively, than the CC0 license the excerpts were embedded in.

So sticking with just Copyright...

The Berne Convention treaty on Copyright pretty much says that all countries/ signatories agree to enforce the copyright of other countries as if the works were published in the other country originally.

I also agree (and accept) that Copyright often -- but not always -- requires consent and permission to use a copyrighted work from the copyright owner.

There are exceptions to Copyright Law in most countries.

Fair Use is one of them. A library purchasing a copy of a book and lending it out to multiple people is "fair use". (Publishers want to get rid of libraries because they want the public to purchase their own copies so they make more money.)

The Internet Archive is not some side project. It's a large, financially regulated (all non-profits are), NGO with a clear and distinct mission.

They also have lawyers. Probably not on staff, but they have lawyers on retainer. Guaranteed.

It would also be a fair assumption that The Internet Archive most likely received clearance from their lawyers that what they wanted to do with the National Emergency Library was legal or they wouldn't have done it.

> Is it okay to share these without my consent, too?

If I want to criticize it, comment on it, or use it for teaching and research then <b><i>yes!</i></b>

-----

Fair use is a U.S. legal doctrine under [Section 107 of the Copyright Act](https://www.law.cornell.edu/uscode/text/17/107) that permits limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. It acts as an affirmative defense against infringement claims, balancing creator rights with public interest through a case-by-case analysis of four factors. 

The Four Factors of Fair Use 

Courts evaluate four key factors to determine if a use is fair: 

1. **Purpose and Character:** Whether the use is transformative (adds new meaning/message), non-profit, or educational.
2. **Nature of the Copyrighted Work:** Using material from factual works is more likely to be fair than using highly creative works (novels, movies).
3. **Amount and Substantiality:** Using small, non-essential portions of the work is more likely to be fair than using large or "heart of the work" portions.
4. **Effect on the Market:** Whether the new use harms the copyright owner's ability to profit from or sell their original work. 

Application to Specific Contexts 

- **[Parody](https://www.google.com/search?q=Parody&newwindow=1&aic=0&ved=2ahUKEwjg4vagt8KSAxWJDkQIHW3VHmoQgK4QegQIBhAB):** Parody often qualifies as fair use because it inherently transforms the original work to comment on or criticize it.
- **[Education](https://www.google.com/search?q=Education&newwindow=1&aic=0&ved=2ahUKEwjg4vagt8KSAxWJDkQIHW3VHmoQgK4QegQIBhAD):** Teaching, research, and scholarship are explicitly listed as potential fair uses, such as using excerpts for classroom discussions, though it does not automatically exempt all educational uses. 

Legal Basis and History 

- **Legal Basis:** Codified in Section 107 of the Copyright Act of 1976, this doctrine ensures copyright does not stifle free speech and creativity.
- **History:** Developed through common law and judicial decisions, fair use stems from a long history of courts balancing the rights of owners with public interest, notably evolving from British law, before being formally codified in the U.S.. 

*Note: Only a court can definitively determine if a specific use is fair.*

-----

> *Note: Only a court can definitively determine if a specific use is fair.*

The Internet Archive claimed that their National Emergency Archive was fair. Publishers disagreed. Publishers sued. Judge agreed with Publishers. The National Emergency Archive was not fair use. The Internet Archive ceased its operation.