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The Fair Use Policy Statement for the Web
Site.
application of terms, use and definition.
The Fair Use Policy of Boinkin Chipmunks is an integral part of
the Web site's Copyright
Notice. Opens in a New Window.
Any Web site that uses or includes outside content should include
a Fair Use Policy that describes how and in what manner such content,
when applicable, is claimed under the “Fair Use Doctrine”
of copyright law.
I make and am making no reference or inference that I am an attorney
with a license to practice law, whatsoever. No, I have never stayed at a
Holiday Inn Express but I did, once, sleep in a boxcar on a freight train.
Before any inclusion of a Copyright Notice, Terms of Use, Fair Use Policy
or any legal notification or disclaimer, consult an attorney. When dealing
with intellectual property, it is best to consult an attorney who
specializes in intellectual property law.
The Fair Use Policy shall not be interpreted to mean that Boinkin
Chipmunks is limited to only the claims presented, herein. It is to be
viewed solely as preliminary logic and reasons of why any applicable
content is viewed and used under the “Fair Use Doctrine”, as
allowed under law.
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The Purpose of this Content.
This Fair Use Policy is written for the purpose to identify, to any
Web visitor, content that has been used and claimed under the “Fair
Use Doctrine” of copyright law.
The identification of Fair Use images on Boinkin Chipmunks does not
apply to public domain images, images of personalities used for purposes
of parody or for any image used wherein ownership is unknown.
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Direct Quotes and Excerpts.
Whenever direct quotes or excerpts are used within the content, the source of
the quote or excerpt is listed within text either before or immediately preceding
the content that is quoted. The cite attribute is used to
reference the specific URI
of the quoted or excerpted content. The excerpt will always be cited.
Any excerpted or quoted material is used for educational, editorial
commentary or parodistic use. Such material, when used, qualifies under
the “Fair Use Doctrine”.
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Audio and Video.
Whenever audio or video, in this site, has been used and its use is
claimed under the “Fair Use Doctrine”, it has been labeled
using the cite element/tag with the word Educational
.
Each Educational
link references a specific citation that is
presented on this Web page of the source of that specific audio or video.
Use of audio and video for educational purposes is the sole purpose of this
type of content. While the presentation of the audio/video may blend into
the sardonic theme of Boinkin Chipmunks, its use is to demonstrate proper
technical implementation. Demonstration of methods used to make audio
and video content fully accessible in accordance with and improvement upon
the WCAG
1.0 standard is the primary objective for its inclusion and use.
This specific Fair Use claim may possibly fall in a gray area of
the “Fair Use Doctrine”. That is conjecture, however.
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Images and Photography.
Images and photography, used on this Web site, fall into four primary
categories:
- Copyright Images.
- These are images and photography that qualify for copyright
protection by this Web site or by the author of this Web site.
- Royalty Free and Licensed Images.
- Royalty Free and Licensed images are purchased images licensed
for use by the terms of the license agreement.
- Images of Unknown Origin.
- These types of images, if used, are of unknown ownership and
wherein due diligence was unable to determine copyright ownership,
if any.
- Fair Use, Public Domain and Creative Common Images.
- The Fair Use Policy applies to these types of images and
photography.
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Fair Use Classifications of Images Used.
Fair Use Classifications are used to identify the rationale used for
a Fair Use claim. The classifications and descriptions of the rationale
are listed below. This may be an incomplete list and is subject to change
or modification at any time and at my sole discretion. No representation
is made that these are legal classifications. They are used to represent
Fair Use rational, only.
Parody
Only one image that was used in a parody context has
been marked, accordingly, and done so to show parodistic use. Personalities
that are subject to parody and whose images have been used have not been
marked.
Public Domain
Only one public domain image that was used has
been marked, accordingly, and done so to show public domain use. The
remainder of public domain images have not been marked.
Screen Shots
Images that are screen shots of other Web sites, software
applications, et al, that have been used, have been marked as Screen Shot.
Editorial
Images, such a film posters, that have been used in an
editorial context have been classified and marked for Editorial use.
Fair Use
The Fair Use classification has been used as a generic
classification. It covers logos that have been used in editorial/commentary
context. It is used to cover Creative Commons licenses of any image used
that has been listed with Creative Commons protection. Any logo or
Creative Commons image, that has been used, has been identified within the
Web site as such.
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The Image Fair Use Table.
[D].
This table lists what images that have been used that are used and
claimed under the “Fair Use Doctrine” as described within
this Fair Use Policy Statement.
The table is three-column with the columns labeled from
left to right as Image/Content, Source URI/Owner, Classification.
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If you have any questions regarding the Boinkin Fair Use Policy, please
e-Mail that boinkin guy.
End of the Fair Use Policy Content.
.
Every Picture Tells a Story.
Beauty.
What stories may be told by the photography on this site
or what the imagery represents—.
Is personal and a story of itself.
Photography and Communication.
Photography and imagery is used to convey information. It can, also,
be used to convey and create perception. The Web is a visual medium.
One of the challenges in developing Internet communication is the
need to communicate the perception created by design, layout and imagery.
Without the presence, for example, of photography, the perception of what
a specific photograph may be ‘saying’ needs to be conveyed
by text.
Without getting into why and how design and imagery can effectively
merchandise communication, consideration must be given to those devices
that do not display design elements and those people who cannot interpret
visual elements. In those cases, photography can still be communicated.
Use of the alt attribute allows for the use of descriptive
text to convey what the photograph is visually communicating and the
perception that the Web author is trying to convey. The title
attribute can then be used to list the specifics of the photograph.
The value of use of both the alt and title
attributes within any image tag should not be overlooked.
Photography used to convey perception can also be bounded by substantive
text that will help convey the intended perception of the photograph.
For imagery that conveys hard information, e.g. a graph, the image
should be bounded by descriptive text. Use of both the longdesc
attribute and use of a D link should be given serious
consideration.
Images of Unknown Origin.
For non–personal Web content, use of images of unknown or
unverified origin should be avoided.
Royalty free photography should be avoided, also, within any commercial
or business Web site.
Uniqueness of a photograph, that cannot be duplicated, is an important
component in brand or corporate identity within business communication.
Opinions, Commentaries and
Bare Rear–ends.
Daylight.
Opinion and commentary are much like a bare rear–end —.
Some, such as this photograph reveals, are a beauty to gaze
upon.
Others should never see the light of day.
Leapin Lizards!.
Little Annie Fannie.