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Copyrights and the Fair Use Doctrine

Sometimes Financial and Tax Fraud Education Associates, Inc., will refer to copyrighted material for purposes of criticism, comment, news reporting, or to further research regarding scams and frauds. Also, occasionally, scam artists will attempt to copyright their name so as to prevent us from publishing reports of their criminal activity.

To the extent that Financial and Tax Fraud Education Associates, Inc., uses any portion of a copyrighted work herein, the “Fair Use” doctrine embodied in 17 U.S.C. § 107 is asserted. This section provides as follows:

Section 107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, 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.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

17 U.S.C. § 107 (emphasis added). Financial and Tax Fraud Education Associates, Inc., exists only to further non-profit educational purposes, it does not make any commercial profit by publishing any work, and it has received a Determination by the U.S. Internal Revenue Service that it qualifies as a non-profit charity under 26 U.S.C. § 501(c)(3).

Questions regarding copyrighted material claimed to be in our website should be directed to our counsel, to wit:

Mr. Joseph Petrucelli
4041 MacArthur Blvd., Suite 170
Newport Beach, CA 92660
Ph: 866-871-0398
Fax: 949-756-8666