Copyrighted Material on these Pages

According to the Sages,

...wherever a [person] has derived benefit, though [another] has thereby sustained no loss, [is] there liability to pay [for the benefit derived]? (b. Baba Kamma 20b)

Some of the materials posted on the Chagim pages may be covered by copyright. We, as Jews, recognize that the creators and performers of these materials may earn their livelihood through the sale of these works or their performance—in fact, the principle of parnasa, livelihood, is a fundamental one in Judaism. Recognizing this principle, we have made an attempt to avoid using copyrighted materials on the Chagim pages that exceed the permitted uses granted by the U.S. Copyright Act. Much material protected by copyright is subject to the copyright law's Fair Use exclusion, which allows the limited use of materials for non-commercial educational and research purposes for private study and scholarship. All the material presented on these pages is used under this fair-use exclusion.

We have carefully endeavored to balance the rights of the creators of these materials with the desire to facilitate learning about the Jewish holidays for the members of our community without diminishing the value of the materials to their creators. Thus we have used only a small portion of the creators' works, and have identified the original sources wherever they could be identified. Citing another statement from the Talmud,

Said R. Elazar in the name of R. Hanina: ... He who repeats something said by another, in that person's name, brings salvation to the world. (b. Megillah 15a)

From this we learn that repeating the words, and works, of others is a great honor to them; however, if this is to be done, it is essential to give full credit to the creators or performers of works of art by properly attributing all works and identifying the sources used. We have attributed all material where we were able to ascertain its origin, and we encourage all viewers of these materials, if they are interested in the performances of these artists, to go to those sites identified to obtain complete copies of the performances.

For an excellent discussion of the halakhah (Jewish law) and its application to copyright, see the Jewish Law website here.

If you have a copyright question, please contact us using the feedback form here.


Fair Use in the U.S. Copyright Law

Section 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.