Fair Use Legal Notice
This is a video recording of a copyrighted television program. As such, the copyright for it is owned by the company or corporation that produced it. However it is believed that the usage of the video clip:
1. In a transformative nature on a new creation to demonstrate Gabriela's talents and routines;
2. Where no free equivalent is available that would adequately display Gabriela's performance on the displayed event at the competition;
3. Where the clip is limited to the performance(s) of Gabriela at the competition and doesn't encompass the whole original work, but only a small portion;
4. Does not have any negative effect on the work's value or market and is not a direct market substitute of the original work used;
5. Which is based on a work that will not be aired in its entirety in the future, because it was a live broadcast of an annual event;
6. Which is provided for commentary purposes, to allow visitors using the guestbook and message boards to comment on Gabriela's events;
7. Which is provided for educational and historical purposes;
8. Which is not used in commerce;
9. Which is hosted on a server located in Hermon, Maine, in the United States;
10. Which is not distributed under the meaning of 17 U.S.C. § 106(3) (restricted to dissemination of tangible material objects) because the video is only publically displayed online.
11. Which is not a reproduction (under the meaning of copyright law) of the work because the video stream is a series of ephemeral transient RAM reproductions, and its embodiment in RAM is not sufficiently permanent or stable to permit it to be perceived, reproduced or otherwise communicated for a period of more than transitory duration. (Video is never downloaded, and played portions are deleted from memory. No more than a few seconds of the work is ever stored in memory at a given time.)
Qualifies as Fair Use under 17 U.S.C. § 107, and is protected under Art. I, § 8, cl. 8 and the First Amendment of the United States Constitution as a creative work (of the website with the video clip) and free expression promoting Gabriela's talents to her supporters and public visitors of this website.
Take-Down Notice Policy: Gabriela Dragoi Online has no intention of infringing on any copyright not protected under fair use. You may contact the webmaster to have clips removed. NOTICE: Federal law requires copyright owners, before submitting a Take Down Notice, to make a Good Faith determination of whether the usage of the clip is not constitutionally protected as fair use. You don't have to be correct, but you have to understand what Fair Use is (click on the link for more information on Fair Use), and genuinely believe the usage isn't protected before requesting removal. Not doing so is a violation of 17 U.S.C. § 512(c)(3)(A)(v), and can subject the copyright holder to civil prosecution under 17 U.S.C. § 512(f). (See Lenz V. Universal Music).
Visitors must understand that while the clip may be legal to use on this website, it may not be legal to use in other areas. I also can not give permission to use the video clip. You must contact the copyright owner for permission to use the video clip, unless you know that your use is covered under the Fair Use provisions of copyright law.