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Why this is legal!


§ 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The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

[Amended 10/24/92 by Pub. L. No. 102-492 which added this last sentence to § 107.] /h6>

This is the fair use clause of the United States Copyright Act. It is under this clause that this page operates. The audio contents of this page are intended for research purposes only. Through the contents of this page, fans and musicians can hear the development of one of the greatest bands in history- from the club days to the present. That is all. This is a non-profit organization. We're not out for money.
Please at this point go back and read number four again. This page does not harm the Beatles or those representing the Beatles in any way. Let's be realistic: A minority of the population even LIKES them. A minority of that minority like them enough to BUY their music. And a VERY VERY small minority of that are the people that basically come to this page. 95% of the people who come to this page and listen to it's contents are the die-hard fans who have ALREADY bought nearly every piece of material officially released by the Beatles.
The other 5% are basically people that are REALLY LOST.
In that respect, the potential market isn't all that large and currently the only people tapping that market are professional bootleging companies out for nothing but profit. With this page, the people wanting to hear this music can do so without having to pay the bootleg companies and since the Beatles have not released any of the songs on this page, they are not hurt.
Once again, This page is for research purposes only and under US Copyright law is legal.

Some interesting links on this subject:
The Free Music Philosophy
Yahoo Copyright Links

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