Privacy Policy

http://www.HealthEnergy.info (“the Website”) is owned and operated by the company described in item 1 of the Schedule to this Privacy Policy (the "Company", "we", "our", "us").  This Privacy Policy sets out the Company's policies relating to the collection and use of your Personal Information while you use this Website.
 
1. PRIVACY

The Company is committed to protecting user privacy. We understand that visitors and users of the Website are concerned about their privacy, and the confidentiality and security of any information that is provided.

2. COLLECTION OF INFORMATION

2.1 All users

Whenever users (including non-member users) visit the Website, our servers automatically record information for statistical purposes about your usage of the Website such as:

(a) the type of browser used;

(b) the referring URL;

(c) the IP address;

(d) the number and type of pages viewed;

(e) the date and time of visits; and

(f) the exit URL.

This information we collect about you is not Personal Information and, in any event, remains anonymous.  We do not link the anonymous information to any other Personal Information unless you have either registered as a member or logged on as a member at the time of use. Accordingly, if you have not identified yourself on the Website, such as by registering as a member or logging on as a member, we will not link a record of your usage of our Website to you personally.

2.2 Members

Upon your registration as a member we collect information about you in order to provide you with the full benefits of membership. We collect non-identifying information as well as Personal Information from you directly when you first register and also from time to time thereafter if you provide us with additional information.

Personal Information which may be collected by the Company includes, without limitation:

(a) your full name;

(b) your email address;

(c) your residential address;

(d) phone number;

(e) a photograph of you.

Other information collected by the Company, which may or may not be considered Personal Information includes, without limitation:

(f) your age;

(g) you occupation;

(h) a description of your appearance

2.3 Purpose

We shall only collect Personal Information that is necessary for our Purposes.

2.4 Lawful Means

We shall only collect Personal Information by lawful and fair means and not in any unreasonable or in an unreasonably intrusive way.

2.5 Notification

Where it is practical to do so, at or before the time that we collect any Personal Information from you we shall take all reasonable steps to ensure that you are aware of:

(a) our identity and how to contact us;

(b) the fact that the individual are able to gain access to the Information;

(c) the Purposes for which the Information is collected;

(d) the Recipient's to whom we would usually disclose that Information;

(e) any laws that require particular Information to be collected; and

(f) the main consequences for the Individual if all or part of the Information is not provided.

2.6 Collect from you only

Where it is reasonable or practical to do so, we shall endeavor to only collect Information about you from you.

2.7 Notice to you

Where we collect Information about you from someone else we will take reasonable steps to ensure that you have been made aware of the matters listed in clause 2.5 above unless in our opinion making you aware of these matters would pose a serious threat to the life or health of anyone.

2.8 Cookies

We utilize "cookies" which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the Website. A cookie does not identify you personally but it does identify your computer. You can set your browser to disable cookies or to notify you when you receive a cookie and provide you with an opportunity to either accept or reject it in each instance. If you disable cookies, you may not be able to access certain areas or features on our Website.

3. USE AND DISCLOSURE

3.1 Disclosure

We shall only disclose Personal Information in accordance with the terms of this Policy.

3.2 Secondary Purpose

We shall not use or disclose any Information about you for a Secondary Purpose unless:

(a) both of the following apply:

(i) the Secondary Purpose is related to the Primary Purpose and if the Information is Sensitive Information, the Secondary Purpose is directly related to the Primary Purpose; and

(ii) you would reasonably expect us to use or disclose the Information for the Secondary Purpose; or

(b) you have consented to the use or disclosure; or

(c) if the Information is not Sensitive Information and the use of the Information is for the Secondary Purpose of direct marketing:

(i) it is impractical for us to seek your consent for that particular use; and

(ii) we have chosen not to charge you to give effect to your request not to receive direct marketing communications; and

(iii) you have not made a request to us not to receive direct marketing communications; and

(iv) in each direct marketing communication with you we have drawn your attention or prominently displayed a notice that you
may express a wish not to receive any further direct marketing communications; and

(v) each written direct marketing communication from us to you specifies our business address, telephone number or email address at which we can be contacted directly; or

(d) we reasonably believe that the use or disclosure is necessary to lessen or prevent:

(i) serious or imminent threat to an individual's life, health or safety; or

(ii) a serious threat to public health or public safety ;

(e) we have reason to suspect that unlawful activity is being engaged in and we use or disclose the Personal Information as a necessary part of our investigation of the matter or in reporting our concerns to relevant persons or authorities; or

(f) the use or disclosure of the Information is required or authorized by or under law;

(g) we reasonably believe that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of the police or other enforcement body:

(i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;

(ii) the enforcement of laws relating to the confiscation of the proceeds of crime;

(iii) protection of public revenues;

(iv) the prevention, detection, investigation or remedy of seriously improper conduct or prescribed conduct;

(v) the preparation for or conduct of proceedings before and court or tribunal or implementation of the orders of the court tribunal.

4. DATA QUALITY

We will take all reasonable steps to ensure that the Information that we collect, use or disclose is accurate, complete and up to date.
 

5. DATA SECURITY

5.1 Security

We will take reasonable steps at the time that we collect, use or disclose Information to secure the Information we hold from misuse and loss, unauthorized access, modification or disclosure.

5.2 Steps we will Take

To protect the Information we shall:

(a) adopt measures to prevent unauthorized entry to our premises, systems to detect unauthorized access and secure containers for storing paper based Personal Information;

(b) will adopt measures to protect our computer systems and networks for storing, processing and transmitting Personal Information and from unauthorized access, modification and disclosure;

(c) we shall protect communications via data transmission including emails and voice transmission from interception and preventing unauthorized intrusion into our computer networks;

(d) we shall adopt procedural and personnel measures for limiting access to Personal Information except by authorized staff approved for the Purposes and controls to minimize security risks to our information technology systems;
and such other Security measures as we consider reasonable.

5.3 Destruction of Information

We will take reasonable steps to destroy or permanently de-identify Personal Information if it is no longer needed for any Purpose, in a secure manner.

6. OPENNESS

6.1 Provide Policy

We will make available to any person who requests it, a copy of this policy.

6.2 Contacting Us

You may contact us to request the Information we hold in relation to you and to correct that Information (in accordance with clause 7) at our contact details which are specified in the Schedule.

7. ACCESS AND CORRECTION

7.1 Access to Information

We shall provide you with access to the Information held by us in relation to you except to the extent that:

(a) in the case of Personal Information other than Health Information, providing access would pose a serious and imminent threat to the life or health of any individual; or

(b) in the case of Health Information, providing access would pose a serious threat to the life or health of any individual; or

(c) providing access would have an unreasonable impact upon the privacy of other individuals; or

(d) the request for access is frivolous or vexatious; or

(e) the Information relates to existing or anticipated legal proceedings between us and you and the Information would not be accessible by the process of discovery in those legal proceedings; or

(f) providing access would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations; or

(g) providing access would be unlawful; or

(h) denying access is reasonable or authorized by or under law; or

(i) providing access would be likely to prejudice an investigation of possible unlawful activity; or

(j) providing access would be likely to prejudice:

(i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of prescribed law; or

(ii) the enforcement of laws relating to the confiscation of the proceeds of crime; or

(iii) the protection of the public revenue; or

(iv) the prevention, detection, investigation o remedy of seriously improper conduct or prescribed conduct; or

(v) the preparation for or conduct of proceedings before any court or tribunal or implementation of its orders;
by or on behalf of the police or an enforcement body; or

(k) an enforcement body performing a lawful security function asks us not to provide access to the Information on the basis that providing access would be likely to cause damage to the security of Australia.

7.2 Request for Access

To request access to the Information held by us about you, you must contact us using the contact details provided in the Schedule, following which we shall contact you within 14 days from our receipt of your request and either provide you with that Personal Information, or notify you when we shall provide you with the Personal Information. In any event the Personal Information requested will be provided not more than 30 days after our receipt of your request unless we decide not to provide you with access to the Personal Information in which case we will advise you of the reasons for such decision.

7.3 Commercially Sensitive Information

Where providing access to the Personal Information would reveal evaluative information generated by us in connection with a commercially sensitive decision making process we will give you an explanation for the commercially sensitive decision rather than direct access to the Information.

7.4 Use of Intermediaries

Where because of any of the reasons described in 7.1 above we are not required to provide you with access to the Information then we will, if it is reasonable to do so, give consideration to whether the use of mutually agreed intermediaries would allow sufficient access to meet our respective needs.

7.5 Costs

We reserve the right to charge you for providing access to your Personal Information. Those fees and charges will not be excessive, and will be determined by us from time to time and we shall notify you of those costs prior to providing you with access to the Information. We may require those costs to be paid prior to providing you with access.

7.6 Correction of Information

If you establish that the Information we hold about you is not accurate, complete or up to date we shall take reasonable steps to correct the Information so that it is accurate, complete and up to date. If we are not satisfied that the Information is not accurate, complete or up to date we shall, at your request, keep with your Personal Information a statement noting your claim that the Information is not accurate, complete or up to date.

7.7 Refusal to Correct

If at any time we refuse or deny access to Information to you or refuse to correct Personal Information we shall provide you with reasons for such denial or refusal.

8. IDENTIFIERS

8.1 Use of Identifiers

We shall not use or disclose an Identifier assigned to you unless:

(a) it is necessary for us to fulfill our obligations;

(b) any of the reasons described in paragraph 3.2(d) to 3.2(g) above apply to the use or disclosure of the Identifier; or

(c) it is otherwise lawful for us to do so.

8.2 Identifying You

We shall not adopt as a means to identify you, your Identifier except to the extent we are authorized to do so by law.

9. ANONYMITY

Unless there is a practical or legal reason to require identification, we shall allow you to transact with us anonymously to the extent that it is practical for us to do so.

10. TRANS BORDER DATA FLOWS

We shall not transfer Information to someone or to another organization in a foreign country unless:

(a) we reasonably believe that the recipient is subject to a law, a binding scheme or a contract which effectively upholds principles for the fair handling of the Information that are substantially similar to the National Privacy Principles; or

(b) you consent to the transfer;

(c) the transfer is necessary to perform a contract between you and us or the implementation of pre-contractual measures taken in response to your request; or

(d) the transfer is necessary for the conclusion or performance of a contract concluded in the interests between ourselves and a third party; or

(e) all of the following apply:

(i) the transfer is for your benefit;

(ii) it is impractical to obtain your consent to that transfer;

(iii) if it were practical to obtain your consent, you would be likely to give it; or

(f) we have taken reasonable steps to ensure that the Information which we intend to transfer will not be held, used or disclosed by the recipient inconsistently with the National Privacy Principles.

11. COMPLAINT HANDLING PROCESS

11.1 Complaint

If you believe that we have used or disclosed your Personal Information in a manner which is contrary to this policy or otherwise breaches the Act, then you should complete the complaint form which is available on our website and email the completed form to our contact as specified in the Schedule.

11.2 Our Response

Within 30 days of receipt of your complaint form we shall notify you in writing as to what action we propose to take in relation to your complaint and shall provide you with details of what further action you can take if you are not satisfied with our response.

12. SENSITIVE INFORMATION

12.1 Collection of Sensitive Information

We shall not collect Sensitive Information unless:

(a) you have consented;

(b) the collection is required by law;

(c) the collection is necessary to prevent or lessen serious or imminent threat to the life or health of any individual where you:

(i) are physically or legally incapable of giving consent to the collection; or

(ii) physically cannot communicate consent to the collection; or

(d) the collection is necessary for the establishment, exercise or defense of legal action.

13. DEFINITIONS

"Act" means the Privacy Act 1988;

"Health Information" means:

(a) Information or opinion about:

(i) the health or disability of an individual;

(ii) an individual's expressed wishes about the future provision of Health Services to him or her;

(iii) a Health Service provided or to be provided to an individual;
that is also Personal Information; or

(b) other Personal Information collected to provide or in providing a Health Service or

(c) other Personal Information about an individual collected in connection with the donation or intended donation by the individual of his or her body parts, organs or body substances.

"Health Service" means:

(a) the health services described in the Schedule, which we supply or claimed by the individual or person performing it to:

(i) Assess, record, maintain or improve the individual's health;

(ii) To diagnose the individual's illness or disability;

(iii) To treat the individual's illness or disability or suspected illness or disability; or

(b) the dispensing or prescription of drug or medicinal preparation by a pharmacist and includes the health service as provided by the organization as described in the Schedule.

"Information" means Personal Information collected about an individual and includes Sensitive Information;

"National Privacy Principles" means the National Privacy Principles specified in the Act;

"Personal Information" means Information or opinion whether true or not and whether recorded in a material form or not about an individual whose identity is apparent or can reasonably be ascertained from the Information or opinion;

"Purposes" means the primary and secondary purposes described in the Schedule;

"Recipients" means the Recipients described as such in the Schedule;

"Security" means the security used to protect the Information from unauthorized access and disclosure and shall include the security measures described in the Schedule and Secure will have the same meaning;

"Sensitive Information" means Information or opinion about any individual's racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record or Health Information about an individual;

"Source" means the source of the Information which where it is practical and reasonable to do so shall be from the person about whom the Information is collected and otherwise from the parties described in the Schedule;

"you" means the individual about whom we are collecting Information.

SCHEDULE

 

1. Company details
   
   Name: Health Energy Online
   Address: P.O. Box 2081, Covina CA 91722
   Email Address: healthenergy08@gmail.com
   Contact: Customer Service: healthenergy08@gmail.com
    
2. Purposes
   
   Primary: The primary purpose of collecting the Personal Information is to enable us to process your application for membership and to enable us to provide services to you (including customizing the layout of your profile, and in respect of Personal Information other than your full name, email address, residential address and phone number, enabling you to enjoy the full benefits of membership and enabling other members to view your profile).
   
   Secondary: Ancillary purposes of collecting Personal Information are for our internal research and statistical purposes (including market segmentation and customer value analysis) as well as enabling us to forward to you other information or material which we believe may be of interest to you, and enabling the payment processor to process the payment of subscription fees.
   
    
3. Recipients:
   
   The Company's management staff, IT staff and customer service staff, as well as payment processor (for the purpose of processing subscription fees).
   
    
4. Security:
   
   Personal Information is stored securely in a database server residing in an enterprise level data centre. Standard data centre security measures are in place to prevent unauthorized access to Personal Information.
   
    
5. Source:
   
   All Personal Information collected about you shall be collected directly from you.
   
    
6. Health Services:
   
   The Company does not provide or engage in any Health Services.

Use of this web site

Use of this web site is subject to the following terms and conditions. Your continued use of this site constitutes your acceptance of these terms and conditions and your waiver of any liability on the part of Health Energy Online.

By continuing to use this site, you thereby:

1. accept full responsibility for any actions you may take concerning any information, herbs, foods, supplements, exercises, stretching, therapies, information, or advice discussed or received in connection with this web site, Health Energy Online;

2. release and hold harmless Health Energy Online and its operators and employees from any liability resulting from any and all possible damages or loss incurred as a result of your use of this web site;

3. affirm that rather than medical advice or treatment, you are seeking alternative information in the form of lifestyle, educational, nutritional, exercise, and homeopathic advice and/or recommendations;

4. understand that under no circumstances should any information, suggestions, or recommendations received from this web site, Health Energy Online be taken or understood as a diagnosis, as medical advice, or as directions contrary to the advice of any licensed physical or mental health care professional; and

5. affirm that you are fully aware that if you desire a diagnosis or treatment for any medical condition, you must consult a physician, that you fully understand that Health Energy Online is not a medical institution, and that its employee(s) are neither medical doctors nor licensed medical practitioners.

The idea of a free press in America is one that we hold in the highest regard. We believe in bringing our site visitors and customers the widest possible array of information that comes to our attention. We have great trust and respect for the American people, and our worldwide audience, and believe them to be fully-capable of making their own decisions and discerning their own realities.

Among the hundreds of articles posted here for your consideration, there will doubtless be some that you find useless, and possibly offensive, but we believe you will be perceptive enough to realize that even the stories you disagree with have some value in terms of promoting your own further self-definition and insight. Our site is a smorgasbord of material...take what you wish and click or scroll right past that which doesn't interest you.

We suggest you don't make 'assumptions' about our official position on issues that are discussed here. That is not what this site is about. We believe it to be unwise to sweep controversy under the carpet. We also firmly believe people should not only read material which they agree with. The opinions expressed through the thousands of stories here do not necessarily represent those of Health Energy Online.

We are not going to censor the news and information here. That is for you to do.

We strongly recommend not 'assuming' anything. Read, consider, and make your own informed decisions. People 'assumed' the Warren Commission report was accurate. It was not. People 'assumed' the Federal Government would never conduct biochemical experiments on the general populace. But it did, by the score. People 'assumed' the world was once flat.

One more time . . .

Neither Health Energy Online nor healthenergy.info necessarily adhere to, or endorse, any or all of the links, stories, articles, or editorials on this website.

All of the materials and data offered on this site, and on the radio program, are for informational and educational purposes only.

And remember: it's all free to you, 24 hours a day, 7 days a week.

Thank you for visiting.

Enjoy.

LEGAL NOTICE

Be it known that the information on this website should be used for research purposes only and should not be used to diagnose or prescribe treatment of specific diseases according to Government regulations.

And be it known that instruments described on this website should be used for testing and experimental frequency relaxation only and should only be used in accordance with Government regulations.

You may consult your physician before starting your own experiments, but your doctor will probably not know anything about Dr. Royal Rife's method of using a function generator or about any of the other educational and historical information which you may read herein.

Nevertheless, as an American national, you have the legal right to medically treat yourself by common law according to Amendment IX of the U.S. Constitution.

DISCLAIMER

Health Energy Online and healthenergy.info, its distributors, or associates make no claims whatsoever, now or in the future, expressed or implied, nor guarantee any effects or performance whatsoever that any electronic equipment, parts, and/or accessories or any other products sold may have and shall not be liable for the same. Moreover, Health Energy Online and healthenergy.info, its distributors, or associates are not responsible whatsoever for any problems arising or resulting from the use, abuse, or misuse, intentionally or unintentionally, of any of the products being sold due to any circumstances beyond its reasonable control. Furthermore, any of the products being sold by Health Energy Online and healthenergy.info. are for experimental use only, and any information being disseminated by Health Energy Online and healthenergy.info. is for research purposes only. In any case, Health Energy Online and healthenergy.info, its distributors or associates shall have no other liability.

I understand that the biological mechanisms of response from function generators and other equipment described and sold on this website used experimentally are unverified but will employ this equipment for experimental use only, without any expectation of curing any ailment. Next, I understand that possible negative physical and/or mental effects, unknown to me and/or Health Energy Online and healthenergy.info might possibly result from use of this equipment. Furthermore, I intend to undertake responsible experimentation and voluntarily accept all responsibility for the application of this equipment. Moreover, I will not hold Health Energy Online and healthenergy.info, its distributors and/or associates responsible for any consequences, harmful or otherwise, that may occur as a result of the use of this equipment.

Health Energy Online and healthenergy.info, Oct,31 2008

The materials comprising the Health Energy Online (healthenergy.info) news service (the "Website") are provided by Health Energy Online (healthenergy.info) as a service to its readers on an "as-is, as-available" basis for informational purposes only. Health Energy Online (healthenergy.info) assumes no responsibility for any errors or omissions in these materials. Health Energy Online (healthenergy.info) makes no commitment to update the information contained herein. Further, Health Energy Online (healthenergy.info) cannot edit, control, review for truth or accuracy, or screen for defamation or obscenity any content provided to the Website by a third party through postings, uploaded files, or any other form of communication, nor can the Health Energy Online (healthenergy.info) ensure prompt removal of defamatory, obscene, inappropriate or unlawful content after transmission. Any such third party postings, files or other communications do not necessarily represent the opinions, beliefs, or positions of the Health Energy Online (healthenergy.info), its manager, employees or sponsors.

Health Energy Online (healthenergy.info) makes no, and expressly disclaims any, representations or warranties, express or implied, regarding the Website, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Health Energy Online (healthenergy.info) makes no, and expressly disclaims any, warranties, express or implied, regarding the correctness, accuracy, completeness, timeliness, and reliability of the text, graphics, links to other sites and any other items accessed from or via this Website or the Internet, or that the services will be uninterrupted, error-free or free of viruses or other harmful components. Under no circumstances shall Health Energy Online (healthenergy.info), its owner, or any of their respective partners, officers, directors, employees, agents, associates or representatives be liable for any damages, whether direct, indirect, special or consequential damages for lost revenues, lost profits, or otherwise, arising from or in connection with this Website, the materials contained herein, or the Internet generally.

All materials contained in this Website are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, displayed, broadcast or otherwise exploited in any manner without the express prior written permission of Health Energy Online (healthenergy.info) or the author, authors or sources of said materials.

You may download material (one copy per page) from this Website for your personal and non-commercial use only, without altering or removing any trademark, copyright or other notice from such material. Any third party materials posted, filed or otherwise communicated to this Website become the copyrighted property of the Health Energy Online (healthenergy.info), and may be used, reproduced, published, distributed, transmitted, displayed, broadcast or otherwise exploited by Health Energy Online (healthenergy.info).

Fair Use

FAIR USE NOTICE. Many of the stories on this site contain copyrighted material whose use has not been specifically authorized by the copyright owner. We are making this material available in its efforts to advance the understanding of environmental issues and sustainability, human rights, economic and political democracy, and issues of social justice. We believe this constitutes a 'fair use' of the copyrighted material as provided for in Section 107 of the US Copyright Law. If you wish to use such copyrighted material for purposes of your own that go beyond 'fair use'...you must obtain permission from the copyright owner.

FAIR USE NOTICE. This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc.. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.

In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

United States Code: Title 17, Section 107 http://www4.law.cornell.edu/uscode/unframed/17/107.html

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.

United States Code: Title 17, Section 106 Chapter 1 - Subject Matter And Scope of Copyright http://www4.law.cornell.edu/uscode/unframed/17/106.html

Subject to sections 107 through 120, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonorecords; (2) to prepare derivative works based upon the copyrighted work; (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; (4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

FAIR USE NOTICE: This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

FAIR USE NOTICE. Many of the stories on this site contain copyrighted material whose use has not been specifically authorized by the copyright owner. We are making this material available in its efforts to advance the understanding of environmental issues and sustainability, human rights, economic and political democracy, and issues of social justice. We believe this constitutes a 'fair use' of the copyrighted material as provided for in Section 107 of the US Copyright Law. If you wish to use such copyrighted material for purposes of your own that go beyond 'fair use'...you must obtain permission from the copyright owner.

FAIR USE NOTICE. This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc.. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.

In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

United States Code: Title 17, Section 107 http://www4.law.cornell.edu/uscode/unframed/17/107.html

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.

United States Code: Title 17, Section 106 Chapter 1 - Subject Matter And Scope of Copyright http://www4.law.cornell.edu/uscode/unframed/17/106.html

Subject to sections 107 through 120, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonorecords; (2) to prepare derivative works based upon the copyrighted work; (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; (4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

TO: Members of the Faculty, Hoover Institution Fellows, Academic Staff, and Library Directors

FROM: Condoleezza Rice, Provost

RE: Copyright Reminder

October 30, 1998

This memorandum provides a general description of the applicability of the copyright law and the so-called "fair use" exemptions to the copyright law's general prohibition on copying. It also describes "safe harbor" guidelines applicable to classroom copying.

The federal copyright statute governs the reproduction of works of authorship. In general, works governed by copyright law include such traditional works of authorship as books, photographs, music, drama, video and sculpture, and also software, multimedia, and databases. Copyrighted works are protected regardless of the medium in which they are created or reproduced; thus, copyright extends to digital works and works transformed into a digital format. Copyrighted works are not limited to those that bear a copyright notice. As a result of changes in copyright law, works published since March 1, 1989 need not bear a copyright notice to be protected under the statute.

Two provisions of the copyright statute are of particular importance to teachers and researchers:

• a provision that codifies the doctrine of "fair use," under which limited copying of copyrighted works without the permission of the owner is allowed for certain teaching and research purposes; and

• a provision that establishes special limitations and exemptions for the reproduction of copyrighted works by libraries and archives.

The concept of fair use is necessarily somewhat vague when discussed in the abstract. Its application depends critically on the particular facts of the individual situation. Neither the case law nor the statutory law provides bright lines concerning which uses are fair and which are not. However, you may find it helpful to refer to certain third party source materials. Guidelines for classroom copying by not-for-profit educational institutions have been prepared by a group consisting of the Authors League of America, the Association of American Publishers, and an ad hoc committee of educational institutions and organizations. In addition, fair use guidelines for educational multimedia have been prepared by a group coordinated by the consortium of College and University Multimedia Centers (CCUMC). These guidelines describe safe harbor conditions, but do not purport to define the full extent of "fair use."

The guidelines, as well as other source material, are available through a variety of resources, including through the world wide web site http://fairuse.stanford.edu. Stanford University Libraries & Academic Information Resources, in collaboration with the Council on Library Resources and FindLaw Internet Legal Resources, are sponsors of this web site. The site assembles a wide range of materials related to the use of copyrighted material by individuals, libraries, and educational institutions.

I hope that the discussion below helps to clarify further the nature of "fair use."

I. Fair Use for Teaching and Research

The "fair use" doctrine allows limited reproduction of copyrighted works for educational and research purposes. The relevant portion of the copyright statue provides that the "fair use" of a copyrighted work, including reproduction "for purposes such as criticism, news reporting, teaching (including multiple copies for classroom use), scholarship, or research" is not an infringement of copyright. The law lists the following factors as the ones to be evaluated in determining whether a particular use of a copyrighted work is a permitted "fair use," rather than an infringement of the copyright:

• the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

• the nature of the copyrighted work;

• the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and

• the effect of the use upon the potential market for or value of the copyrighted work.

Although all of these factors will be considered, the last factor is the most important in determining whether a particular use is "fair." Where a work is available for purchase or license from the copyright owner in the medium or format desired, copying of all or a significant portion of the work in lieu of purchasing or licensing a sufficient number of "authorized" copies would be presumptively unfair. Where only a small portion of a work is to be copied and the work would not be used if purchase or licensing of a sufficient number of authorized copies were required, the intended use is more likely to be found to be fair.

A federal appeals court recently decided an important copyright fair use case involving coursepacks. In Princeton University Press, et.al. v. Michigan Document Services, the U.S. Court of Appeals for the Sixth Circuit concluded that the copying of excerpts from books and other publications by a commercial copy service without the payment of fees to the copyright holders to create coursepacks for university students was not fair use. The size of the offending excerpts varied from 30 percent to as little as 5 percent of the original publications. Although the opinion in this case is not binding in California, it is consistent with prior cases from other courts, and there is a reasonable likelihood that the California federal courts would reach a similar conclusion on similar facts.

Where questions arise, we suggest that you consult the guidelines for classroom copying and other available source material available on the fair use web site, cited above. Please note that the guidelines are intended to state the minimum, not the maximum, extent of the fair use doctrine. Thus, just because your use is not within the guidelines, it is it not necessarily outside the scope of fair use. In the absence of a definitive conclusion, however, if the proposed use deviates from the guidelines, you should consider obtaining permission to use the work from the copyright owner. In instances where the fair use question is important and permission would be difficult or expensive to obtain, a member of the Fair Use Advisory Group (described below) or the Legal Office can assist in analyzing whether a particular proposed use would constitute "fair use."

Some photocopying services will obtain copyright permission and add the price of the royalties, if any, to the price of the materials. A request to copy a copyrighted work should generally be sent to the permission department of the publisher of the work. Permission requests should contain the following:

• Title, author, and/or editor, and edition

• Exact material to be used, giving page numbers or chapters

• Number of copies to be made

• Use to be made of the copied materials

• Form of distribution (classroom, newsletter, etc.)

• Whether the material is to be sold

Draft form letters can be obtained from or reviewed by a member of the Fair Use Advisory Group or the Legal Office.

For certain works, permission may also be sought from the Copyright Clearance Center (CCC) which will quote a charge for works for which they are able to give permission. The Copyright Clearance Center can be contacted at www.copyright.com or (978) 750-8400, but it may be easier to go through a copying service that deals regularly with the CCC.

II. Course Reserves

Some libraries at Stanford will refuse to accept multiple photocopies or to make photocopies of copyrighted materials needed for course reserves without first having permission from the copyright holder. Other libraries on campus will accept a limited number of photocopies for course reserves. Consult individual libraries for clarification of their policies.

While the libraries have blanket permission from dozens of journals, obtaining permission sometimes takes a good deal of time. Experience in obtaining permission has shown that an inquiry addressed to a journal publisher frequently produces information that the copyright is actually held by the author, and four weeks is often inadequate to obtain such permission. Four to six weeks is considered the norm.

Permission may be obtained in a number of ways:

* Upon request, some libraries on campus will obtain materials for course reserve. In these cases, the librarian will write to obtain permission to photocopy or to purchase reprints. However, most libraries do not provide this service.

* Written permission may be obtained by the academic department.

* Oral permission may be obtained by faculty members, departmental secretaries, or library staff, in which case a written record is needed of that action.

Note that filling course reserve requirements may require two to three months before the quarter begins if the library does not already have a copy of the publication, if the publication is out of print, or if the copyright holder is not readily available.

III. Resources

Additional information on copyright issues may be found on the world wide web site http://fairuse.stanford.edu.

Questions about the copyright law as it affects faculty and staff in their University capacities should be directed to a member of the Fair Use Advisory Group (see attachment) or to Linda Woodward in the Legal Office (3-9751), who can put you in touch with the appropriate lawyer to respond to your specific question. Questions about library policy and course reserves should be addressed to Assunta Pisani, Associate Director, University Libraries (apisani@sulmail or 3-5553). Information concerning the application of copyright law to computer software can be found in the memorandum "Copying of Computer Software" distributed by the Library and Information Resources and in Administrative Guide Memorandum 62.