The High Plains Modelers website and social media contains links to other web pages, sites and documents, the contents of which may have been prepared by other individuals or entities. Information provided by other individuals or entities may be incorrect or not current. Users should use the information from this site with caution and rely on the information only at their own risk. HPM does not endorse any content, viewpoints, products or services linked from this website and shall not be held liable for any losses caused by reliance on the accuracy, reliability or timeliness of such information.
Information on, or linked to, from this website is provided “AS IS” without warranty or condition of any nature.
Any content, trademarks, or other material that might be found on this website that is not HPM property remains the copyright of its respective owners. In no way does HPM claim ownership or responsibility for such items, and you should seek legal consent for any use of such materials from its owner.
DMCA:
In 1998, Congress passed the Digital Millennium Copyright Act (DMCA), which amended U.S. copyright law to address important parts of the relationship between copyright and the internet. The three main updates were (1) establishing protections for online service providers in certain situations if their users engage in copyright infringement, including by creating the notice-and-takedown system, which allows copyright owners to inform online service providers about infringing material so it can be taken down; (2) encouraging copyright owners to give greater access to their works in digital formats by providing them with legal protections against unauthorized access to their works (for example, hacking passwords or circumventing encryption); and (3) making it unlawful to provide false copyright management information (for example, names of authors and copyright owners, titles of works) or to remove or alter that type of information in certain circumstances. ~ The Digital Millennium Copyright Act | U.S. Copyright Office https://www.copyright.gov/dmca/
The High Plains Modelers club strives to respect the intellectual property rights of others. Per the DMCA, HPM will respond expeditiously to claims of copyright infringement on this website or social media if submitted in writing via our Contact the Webmaster form.
Upon receipt of a notice alleging copyright infringement, HPM will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
Is It Fair Use?
Certain uses of copyrighted material may not require the copyright owner’s permission. In the United States, this concept is known as fair use. Some other countries have a similar concept known as fair dealing.
Whether or not a certain use of copyrighted material constitutes a fair use is ultimately determined by a court of law. Courts analyze fair use arguments by looking at four factors:
- The purpose and character of the use.
How is the original work being used, and is the new use commercial? Transformative uses add something to the original work: commentary, criticism, educational explanation or additional context are a few examples. Transformative, non-commercial uses are more likely to be considered fair use. - The nature of the copied work.
What is the copied work itself? Is it factual (example: a record of a historical event) or fictional (example: a novel or Hollywood blockbuster)? Use of factual works weighs in favor of fair use. - The amount and substantiality of the copied work.
How much of the work was copied? Copying short excerpts is more likely to be found fair use than copying an entire copyrighted work. - The effect on the copied work’s value.
Will the copying harm the potential market for the copyrighted work by effectively creating a substitute or replacement for that work? If so, the use is probably not fair use.
Fair use determinations are made on a case-by-case basis, and there is no clear formula to determine whether a use may be found to be fair. If you are unsure whether a particular use of copyrighted work might be a fair use, you may want to seek legal advice. HPM is unable to advise whether your use may be considered fair use or not.
For more information on fair use:
Full disclosure: parts of this article were sourced from various places on the internet. We’re model builders, not lawyers, we claim fair use of the gathered information here. Other information regarding the policies of the High Plains Modelers may be found on our By-Laws and our Privacy Policy pages.