The Fair Use provision of the Copywright Act of 1976

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joeyjb68

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I am an administrator on a pro wrestling-related message board. From time to time, there are different forms of media that are posted on the board i.e. pictures, video, and audio. The administrative staff always makes sure that the source of the media is credited, but I, being an employee of a law firm (not an attorney) am concerned about copywright issues. I looked up Section 107 of the Copywright Law which addresses Fair Use, and read that copywrighted material could be used for educational or non-profit purposes. The board is not a pay site; no one pays a fee to join the board or access the site, and further, there is a website on which our board is linked, and that site is not a pay site either, so there is no profit being made on this board. I also learned that Fair Use also depends on the "amount and substantiality of the portion used in relation to the copywrighted work as a whole." We mostly post individual matches, either in whole or in part, and trons. We comment on them as well. To me, that seems akin to a newscast or movie review show airing a piece of a movie for review, but of course, that is an uneducated guess on my part.

Basically, I just would like to know if a message board such as this could claim the Fair Use provision if we are ever confrionted with a charge of copywright infringement (which we, thankfully, have not as of yet). I'd also like to ask if posting a link to the copywright owner's site or page to access media is allowed as an alternative to posting the media itself. Thank you for your time.
 
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