Aren't certain sections of you site in violation of U.S. Copyright law?


No. According to the guidelines, available through Stanford University Libraries & Academic Information Resources, in collaboration with the Council on Library Resources and FindLaw Internet Legal Resources (http://fairuse.stanford.edu), what I am doing on this site falls well under the intent and nature of the 'Fair Use' doctrine of the U.S. Copyright law.

Let me further explain. According to the memo sent (10-30-98) by Stanford Provost Condoleezza Rice to the Members of the Faculty, Hoover Institution Fellows, Academic Staff, and Library Directors concerning Copyright, "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 first provision's statement "for certain teaching and research purposes" is where I fall. In Condoleezza Rice memo, it states the "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."

With this in mind, let me state my position. I have taught to groups of students numbering between 30 and 60 at Western Michigan University (WMU), with the full authorization of the university. As of January 2000, I have begun my master's thesis concerning the 'Critical Theory of Religion and Society' at WMU's Comparative Religion department. My goal is to receive my Ph.D. and teach at a major university. These facts more than qualify me as an educator.

As an educator, I created this site to allow others a simple introduction into the scholarship and research in the Critical Theory. All of the written material on this site, that are not my own, are being used to point out my critique of capitalism, its appropriation of the surplus value of the collective, and its commoditification of every aspect of our modern society. I do not charge a fee for visiting my site, nor do I have any banners that allow me to make a profit off those who visit my site. In other words, I don't make a single cent off this site. So you can see, my intent is not to make money off other people's work, but rather, it is to educate.

The main 'jist' of the 'Fair Use' doctrine (see the most recent (1996) judicial opinion, Princeton University Press vs. Michigan Document Services) is whether the educator (me) is using someone else's copyrighted material to make a profit. If you are making money off someone else's work, then you are not using the copyrighted material fairly. As one can plainly see, my site is in complete compliance of 'Fair Use' doctrine of the U.S. Copyright law. Consequently, since I am generating interest in their work, one could even argue that I am contributing to the fame of the author's copyrighted material and subsequently to the increase of the author's profit derived from the materials in question.


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