Fair Use Policy

The Purpose and Nature of this Site

iNous is an independent (non-affiliated) institute founded and owned by freelancing artistic researcher, Dr Samantha Prigge, in collaboration with fellow artistic researcher Dr Lanon Carl Prigge who provides some of the content and ethical framework. Notwithstanding that iNous is based in KwaZulu-Natal, South Africa, the intention of this site is to reach an international audience.

This site is intended to provide information to a general audience for educational and research purposes, as well as make known details of some commercial projects that arise from the artistic research findings of iNous.

Copyright Disclaimer

A majority portion of content on this site and its associated platforms, such as the @NoveltiesofNous YouTube channel, is the original content of Samantha Prigge and Lanon Prigge. All artworks displayed on this site, in our products and services, and on our associated platforms, are the property of the artist, Lanon Prigge, who has granted sole usage rights to iNous for an indefinite period of time. No artwork may be downloaded, shared, reproduced, printed or reprinted without the permission of the artist.

This site, our products and services, and our associated platforms, such as the @NoveltiesofNous YouTube channel, may contain some copyrighted material owned by a third party, the use of which has not always been specifically authorized by the copyright holder.

Since iNous is an independent institute based in KwaZulu-Natal, South Africa, it falls primarily under the South African Copyright Act no.98 of 1978 which is governed in part by South Africa’s status as a member of the Berne Convention and party to the TRIPS agreement. Since our intended audience is international, we are also aware of the potential relevance and impact of the Copyright Act of the USA on our products and services, specifically the doctrine of ‘fair use’: “Similar doctrines have been adopted and adapted by many jurisdictions worldwide — fair use is an ever-evolving concept as technology makes the sharing of information easier and our world more global than ever.” (Website Policies)

We take specific note of the following in terms of the Copyright Act:

fair use and fair dealing policies (see full details below)
copyright duration policies:
- for literary works, copyright exists for the life of the author plus 50 years after death;
- for published editions, copyright exists for 50 years from the end of the year in which the edition was published.
specific copyright exclusions:
- for quotations of literary works which are lawfully available to the public provided that the source and the name of the author be given, and the use thereof constitute ‘fair use’.

Fair Use Policy

Section 107 of the Copyright Act specifically allows for limited use of copyrighted material without prior permission within the scope of ‘fair use’ when material is used for research, informational and educational purposes.

Fair Use is a doctrine in United States copyright law that allows for limited use of copyright material without requiring permission from the rights holders, for such purposes as commentary, criticism, scholarship, research, and teaching. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under consideration of a four-factor balancing test which includes:

Purpose and/or Character of work;
Nature of work;
Scope, or substantiality of content used;
Impact, or effect on the author’s market.

Fair dealing, a provision of the South African Copyright Act, has similarities to the ‘fair use’ doctrine in that a literary work will not be considered infringed upon if used for the purposes of research and education, and provided that the source and name of the author is mentioned.

Notwithstanding that some of the iNous products and services are created and shared for commercial purposes, the ultimate goal of our institute is towards promoting creativity and innovation for the general good, and making certain information available to the general public for educational and research purposes. We therefore feel confident that our use of some copyrighted materials on this site and our associated platforms constitutes ‘fair dealing’ and ‘fair use’ according to the four-factor balancing test.

Wherever necessary and possible, we submit queries to copyright holders or their representatives requesting permission to use their material.

If your copyrighted material appears on our site or associated platforms and you disagree with our ‘fair use’ evaluation, please contact us.

If you would like to use any of our products, services or content for your own ‘fair use’ educational or promotional purposes, please contact us with a detailed enquiry.

We welcome any suggestions that will support us to enhance our relevance, transparency, and fair use practises.

Last updated 30 July, 2023

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FAIR USE POLICY

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