The idea of a free media is one that we at NewAgeIslam.com hold in the highest regard.
We believe in bringing our site visitors, readers and audio listeners or video viewers
the widest possible array of information that comes to our notice in regard to the trials
and tribulations of the Muslim community all over the world in their bid to adapt to the
fast-changing circumstances of the Twenty-first century and anything else that we deem
my be of interest to or necessary for our readers and viewers. We trust our worldwide
readership and audience, and believe them to be fully-capable of making their own decisions
and discerning their own realities, regardless of our editors’ or contributors’ interventions
on one side of a certain argument or the other. We want Muslims to recognise while holding
any discussion that two-thirds of humanity, at lest, does not agree with us, in fact most
Muslims themselves hold very different opinions from other Muslims and subscribe to different
schools of thoughts in interpreting their scriptures and in their responses to current word
events. Clearly there is no point in considering one’s own view as final and applicable to
the entire Muslim community, even to one’s own sect or sub-sect, or more vainly, all humanity.
Among the thousands of articles and comments posted here for your consideration, or links and
summaries of which are mailed to you daily, there will doubtless be some that you find useless,
and possibly offensive, in content or in language; but we believe you will be discerning enough
to realize that even the ideas, subjects and comments you disagree with have some value in terms
of clarifying and giving a context to your own ideas and endorsing our common agenda of promoting
a peaceful and prosperous life for all on the planet. Offensive, particularly obscene language we
keep removing from the site whenever we observe them or some reader points out to us, but this
cannot always be done in good time as this is a non-monitored site in the interest of facilitating
readers’ comments.
The subjects we choose to discuss or the points of view expressed by our writers, or even the
editorial staff does not necessarily reflect any official position of the website NewAgeIslam.com.
It would be best if our readers and viewers did not make any 'assumptions' about NewAgeIslam.com
on that count. This website is not about promoting any agenda, even if its editors and contributors
appear to have definite opinions of their own on certain issues of concern to the ummah and may
even seek to convince others of the same. As we say in our masthead we are here to help the Muslim
community map out an agenda suitable for the Twenty-First century through open, no-holds-barred
debates and discussions on all issues of concern. No community or sect or individual of any
persuasion is barred from participating in the discussions on NewAgeIslam.com. We welcome all
with open minds and hope that some good will come out through this interaction.
It is our firm belief that it would be ill-advised and cowardly to sweep under the carpet doubts and
questions abut our own ideological positions or any novel or strong views on any subject. Muslims will
have to consider all sorts of opinions -- of not only Muslims of all sects and persuasions, but also
ex-Muslims and non-Muslims, as indeed would-be Muslims – to be able to arrive at a conclusion as to what
suits us best in a certain situation.
The situation we live in today in this New Age is vastly different from the conditions that prevailed
in 7th century Arabia at the time of the advent of Islam. That is why Allah ("Subhanahu Wa T'ala" – SWT –
meaning "The Glorious and High") and Prophet (Peace Be Upon Him - PBUH) in his wisdom gave us the
instrumentality of Ijtihad, so that we can continue to renew our religion as and when required. And it
is largely because we failed to use this instrument continuously through the last one and a half
millennium that we are in the mess we are in today. We would have continued to be the most advanced
community in the world armed with the latest ideology, had we continued to heed Allah (SWT) and
Rasoolullah (PBUH) who had told us that we will need to continuously renew our religion to stay ahead
of the changing times. In some respects we are still ahead of other religious communities as a
forward-looking community on the strength of the fact that ours is the latest of revealed religions, but
in many other respects we lag far behind others who hold ideologies and ways of life (deens) even older
than our own. It is to their credit that despite a lack of specific guidance in their theologies about a
continuous renewal of faith, they felt the need for doing so and have gone ahead, while it is to our eternal
shame that despite our original ideology specifically asking us to continue to change with times, we have
not done so and are hence one of the most backward in our political, societal and civilisational mores.
We at NewAgeIslam.com have a horror of censoring news, views, information and comment here, except
for the foul language some of our readers and viewers love to use. We believe censoring is for you to
do, either as self-censorship or as pointing out if something needs to be removed from the site. We
strongly recommend that you do not 'assume' anything, particularly about our intentions. We intend to
do nothing but to provide us with a forum where we can freely discuss any relevant subject. Read,
consider, and make your own informed decisions. Let us state once again, in a firmer tone,
NewAgeIslam.com does not necessarily adhere to, or endorse, any or all of the links, stories, articles,
editorials, or products offered by its editors, contributors or sponsors found or broadcast on this site.
All of the materials and data offered on this site, and on the multimedia programs, are for
informational and educational purposes only, to help you be more enlightened about what is going
on in the world, who is thinking and saying what and then be ale to form your own informed opinion.
And remember: it's all free to you, 24 hours a day, 7 days a week.
Thank you for visiting.
Read, Listen, View and Think and Share with us your thoughts in the interest of world peace and prosperity
for all. Peace and Prosperity for Muslims depends on the peace and prosperity of the world, two-thirds of
which is not Muslim and most of the Muslims too may not belong to our particular Islamic sect or sub-sect
or school of thought, whatever it may be.
Sultan Shahin, Editor, New Age Islam
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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 promote Co-Existence and Dialogue of Religions and Civilisations, and advance understanding of
Islam and Democracy, Pluralism, Terrorism, Human Rights, Islamic Laws and Ideology, etc. We believe
this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of
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originator of these articles.
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,
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In determining whether the use made of a work in any particular case is a fair use the factors to
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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
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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.
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 non-profit 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 harbour"
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 Centres (CCUMC). These guidelines describe safe harbour 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 nonprofits 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 course
packs. 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 course packs 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 Centre (CCC) which
will quote a charge for works for which they are able to give permission. The Copyright Clearance
Centre 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.
Thank you for your cooperation in ensuring the observation of these guidelines.
The information comprised on this site in not offered or held to be a solicitation of the views,
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