All independent visual and audio productions
(if applicable) by SouthernMedia (not a real company) under the
News Music Search Archive trademark are composed primarily from
existing copyrighted images and sound captured from the recordings
or transmissions of the mass telecommunications and entertainment
industry.
It has become an accepted fact that the culture and society of
our time is defined and dominated by that industry. Therefore, this
existing material is utilized and/or transformed (whether as a directly
related or interpretive representation) by SouthernMedia as essential
to its 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.
SouthernMedia makes 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 SouthernMedia may thus properly adjudge as necessary
to its own purpose and presentation.
No substitutive redistribution of any original material included,
to whatever extent, is intended in any way by any distribution of
SouthernMedia's own presentation as part of its primary livelihood
as an artist and commentator.
SouthernMedia does not in any way seek to assume upon itself, 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 SouthernMedia's 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 SouthernMedia 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, a.k.a. "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 SouthernMedia's stated purposes is neither sought nor
required.
Consistent with the above declarations, SouthernMedia recognizes,
accepts, supports, and abides 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.
SouthernMedia's 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:
SouthernMedia's use of copyrighted material is of a nonprofit,
educational nature, intended for the sole purposes of criticism
and comment. SouthernMedia's use of copyrighted material does not
signifigantly negatively affect "the potential market for or
value of the copyrighted work(s)."
SouthernMedia's 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:
SouthernMedia's 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. SouthernMedia's
use of reproductions is not likely to cause confusion, mistake,
or deception as to the affiliation, 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, including, but not limited to, newspaper
articles, syndicated news themes, promos, and TV station logos,
should be considered protected copyrighted material or registered
mark with all rights reserved to the owner, named or unnamed.
SouthernMedia does 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.
SouthernMedia's own copyright, implicit or declared, applies to:
- Any collective presentation by it, 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 SouthernMedia;
- SouthernMedia's transformation and/or recontextualization alone,
within the above-stated purposes and method, of existing copyrighted
material;
- Any excerpts or previews necessarily derived from SouthernMedia's
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 SouthernMedia under the News Music Search Archive trademark.
These sites contain documents and information relating to copyright
and fair use, with some freedom of expression thrown in.
As seen in the above statement:
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