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All independent visual and audio productions under Norman
Barrington's RADIO PAGES© or normanb.net® & normanb.comt®
trademarks 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 history, commentary, scholarship, of
that industry, culture, and society.
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. Except within the archive material containing his own original
input in voice, composition, or unique arrangement of existing material.
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 not required, but is none-the-less
sought where ever possible for the sake of the good will of any existing
copyright holders.
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 research and comment. This
producer's use of copyrighted material does not signifigantly 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, newspaper
articles, syndicated themes, promos, and radio station logos, 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 or historical
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
personal and non-personal 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
Norman Barrington's RADIO PAGES©
or normanb.net® & normanb.com® trademarks.
I am not responsible for, nor do I necessarily agree with, the content
of any of the sites to which my site may link. These links are intended
as an aid in finding subject-related sites, or that perform a service
that may be useful for visitors of my site. If any of these linked sites
should offend in any way, let me know. I am always reviewing my links,
which I consider to be vital to the stucture of the "Web" and
in the spirit of free communication & speech.
These sites contain documents and information relating to copyright and
fair use, with some freedom of expression thrown in.
As seen in the above statement:
Fair Use - 17 USCS
#107
The
Copyright Act of 1976
Campbell
v. Acuff-Rose Music
Yahoo
Copyrights page
First
Amendment/Bill of Rights
Bill
of Rights - the actual document
The
Constitution of the United States
Copyright © Those companies who still hold them!
PAMS® is a registered service mark of PAMS Productions, Inc., Dallas,
Texas. Used by permission
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