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Section 107 of the Copyright Act mentions four
factors in defining fair use. These factors are "(1) purpose and
character of the use, including whether the use is commercially motivated or
instead is for nonprofit educational purposes; (2) nature of the copyrighted
work; (3) amount and substantiality of the portion used in the newly created
work in relation to the copyrighted work; and (4) effect of the use upon the
potential market for or value of the copyrighted work." (link)
In strict terms, this web site is parody, protected by the First Amendment,
and utilizes the copyrighted work of the Westboro Baptist Church in
accordance with fair use. However, this should not even be a
consideration in looking at this site, because the Westboro Baptist Church,
at the time of this site's publication, has a
disclaimer at the bottom of their site which reads, "All original
material on this web site is © 1955-2002 Westboro Baptist Church. You may
use any of our material free of charge for any reason." This web
site is using their material with their expressed permission for the
purposes of parody.
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Some material on this site has been used with
the permission of the Westboro Baptist Church.
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