Copyright for textual extracts

I have not attempted to obtain copyright permission for reproducing textual extracts from books, but have relied instead on the Fair Use statute of the US Copyright Act of 1976, which allows for a copyrighted work to be used without permission if a number of factors are taken into consideration, namely:

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"

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

As regards these factors, my point of view is as follows:

1.  This website is strictly non-commercial, and falls under "nonprofit educational uses". I have not been paid a penny (or shilling) for the website, and have also been at pains to ensure that the web host does not post adverts on the pages.

2.  The "nature of the copyrighted work" is invariably a commercially available book. Some are out of print, and distribution for most is restricted to Kenya. They are all of an educational nature.

3.  I have endeavoured to use a maximum of 5-10% of the original work.

4.  The effect of this website on sales of the books is if anything positive! I've mentioned publishing details next to each extract cited, together with contact information.

If you're the publisher or the author of one of the works cited, I trust that you find this both reasonable and acceptable. If you have any queries at all, please send me an email.


Traditional Music & Cultures of Kenya
Copyright Jens Finke, 2000-2003

also by Jens Finke
Chasing the Lizard's Tail - across the Sahara by bicycle - fine art photography