Keep Your Devil! - Episode 3

Commentary on "Occult objects in your house give demons legal ground" originally uploaded by Steven Bancarz.

Article I, section 8 of the Constitution empowers Congress to "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." U.S. Const. art. I, § 8, cl. 8. Pursuant to that power, Congress enacted the Copyright Act of 1976, Pub. L. No. 94-553, 90 Stat. 2541 (1976) (codified as amended at 17 U.S.C. § 101 et seq. (1994)) ("the Copyright Act" or "the 1976 Act"). Section 106 of the Copyright Act provides, inter alia, that the owner of a copyright under Title 17 of the United States Code "has the exclusive rights . . . to reproduce the copyrighted work in copies," and to "authorize" such reproduction. 17 U.S.C. § 106(1) (1994). Those "exclusive rights," however, are "[s]ubject to" limitations codified in "sections 107 through 120" of the 1976 Act. Id. § 106. For present purposes, the most important of those limitations is found in section 107 of the Copyright Act, 17 U.S.C. § 107 (1994). That section, which is entitled "Limitations on exclusive rights: Fair use," provides, in pertinent part: Notwithstanding the provisions of section[] 106 . . . , the fair use of a copyrighted work, including such use by reproduction in copies . . . , 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.