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obiterdictum

12/18/13 9:32 AM

#163636 RE: rosen62 #163626

Sharing these legal documents should not be a problem.

The key phrase to notice in the statement provided is Except as Harros may expressly state in writing, you may not reproduce, reprint, publish, or otherwise exploit content or technology from PacerMonitor or its suppliers on the Site without our express prior written consent.

Copyright protection under Title 17 U.S.C. 105 is not available for any work of the United States Government. The court-created documents provided by PACER are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction.

17 USC § 105 · Subject matter of copyright: United States Government works37
Copyright protection under this title is not available for any work of the
United States Government, but the United States Government is not precluded
from receiving and holding copyrights transferred to it by assignment, bequest,
or otherwise.

See: http://www.copyright.gov/title17/92chap1.pdf


Fair use copyright law also allows use for commercial and non-profit use of copyrighted documents.

17 USC § 107 - Limitations on exclusive rights: Fair use
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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

See: http://www.copyright.gov/title17/92chap1.pdf