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Chaos: to battle or ride the waves?

1/8/2006

Credits and Disclaimer

Filed under: Chaos — karmen @ mid-afternoon

Chaotic Utopia fair-use disclaimer

Many independent visual and audio productions (if applicable) by Chaotic Utopia (”webmasters/editors”) are potentially composed from existing copyrighted images and/or sound.

This existing material is utilized and/or transformed (whether as a directly related or interpretive representation) by the webmaster as essential to her legally protected purpose and chosen, historically established and recognized artistic livelihood and method of presenting personal commentary, criticism, scholarship, satire, or parody of or about that industry, culture, and/or society, or any segment thereof.

The webmasters of this site make no claim whatsoever of original authorship or ownership of the original form of any such material used, whether expressly identified or not.

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 webmasters may thus properly adjudge as necessary to his/her 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 webmasters’ own presentation as part of his primary livelihood as artists and commentators.

The webmasters do not in any way seek to assume upon him or herself, 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 webmasters’ 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 webmasters 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 webmasters’ stated purposes is neither sought nor required.

Consistent with the above declarations, the webmasters recognize, accept, support, and abide 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 webmasters’ 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 webmasters’ use of copyrighted material is of a nonprofit, educational nature, intended for the sole purposes of criticism and comment. The webmasters’ use of copyrighted material do not signifigantly negatively affect “the potential market for or value of the copyrighted work(s).”

The webmasters’ 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 webmasters’ 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 webmasters’ 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 should be considered protected copyrighted material or registered mark with all rights reserved to the owner, named or unnamed.

The webmasters do 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 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 webmasters’ 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 photographic, musical, narrative, or graphic) actually originating with the webmasters;

the webmasters’ transformation and/or recontextualization alone, within the above-stated purposes and method, of existing copyrighted material;

any excerpts or previews necessarily derived from the webmasters’ 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 Chaotic Utopia.

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