PSC Copyright/ Fair Use

To PSC.com and anyone else that cares,

I understand that I have used copyrighted material on this piece of work. All 40 albums were used with out permission. I am trying to use it under the Fair Use doctrine under the US copyright law. I am far from a lawyer, but I’m going to try to argue my point.

There are 4 steps in deciding whether or not what I have done is protected under Fair Use or is considered copyright infringement. All four have to be weighed together.

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.

1. My work is meant to pay tribute to some of my favorite artists/bands. It does not in any way, try to deface it. Also, there is no commercial activity or profit being made for my work and this has been a huge educational exercise for me. I am also not denying credit to the original artist.

2. This has been a huge educational exercise for me even though it is art.

3. This differs between all 40 album covers I used. The more I like the album cover the more was used. I do not have an entire album cover in the work at all. Every album cover has been trimmed down to some degree.

4. Does my work degrade the value of the original work? I don’t believe so. This has no significant effect on the market for the copyrighted work. However, I did make it accessible on the web, and that can go against me. This is a tribute to all 40 Artists, and their album covers.

Over all When I used the Fair Use Checklist here. Fair use came out on top. That is from my point of view and you may think something else.

I had finished and uploaded my work before I even thought about that whole copyright problem. Your forum post reminded me, Rashdog. Even though it is part of the rules, it just slipped my mind. If you want me to remove it I will gladly do so. I just wanted to share my opinion on the issue. I have created a secondary picture with out copyright infringement on the ready.

-Brandan (bneises)

PS: I am new here and I don’t want any hard feelings. This place is frik’n awesome and I have already learned so much. Plus I wish you all a Happy New Year.

List of all copyrighted material in alphabetical order by artist:

1. 311_-_Greatest_Hits_93-03
2. AC/DC - For Those About to Rock
3. Aerosmith - Pump
4. Al Green - Let's Stay Together
5. Beatles_-_Abbey Road
6. Bon Jovi - Slippery When Wet
7. Cinderella - Long Cold Winter‎
8. Def Leppard - Hysteria
9. Elvis Presley - 30 #1 Hits
10. Fleetwood Mac - Rumors
11. Foo Fighters - Foo Fighters
12. Gorillaz - Gorillaz
13. Guns N' Roses - Appetite for Destruction
14. Iron Maiden - Live After Death
15. Jimi Hendrix - Are You Experienced
16. Johnny Cash - The Legend of Johnny Cash
17. Journey - Escape
18. Kiss - Kiss
19. Led Zeppelin - Early Days
20. Linkin Park - Hybrid Theory
21. Metallica - ...And Justice For All
22. Michael Jackson_- Bad
23. Nirvana - Nevermind
24. Pearl Jam - Yield‎
25. Pink Floyd - Dark Side of the Moon
26. Prince - Purple Rain
27. Queen - News Of The World
28. Queens of the Stone Age - Songs for the Deaf
29. Red Hot Chili Peppers - Californication
30. Rolling Stones - Forty Licks
31. Steve Miller Band - The Joker‎
32. Stone Temple Pilots - Thank You‎
33. Sublime - 40Oz. to Freedom
34. The Cars - Candy-O
35. ‎The Doors - L.A. Woman
36. The Eagles - Hell Freezes Over
37. The Who - Tommy‎
38. Van Halen - 1984
39. White Stripes - Elephant
40. ZZ Top - Recycler‎