© 2019 by Going6A.com

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 an effort to advance understanding of alkaline water, water ionizers, ionization technology, health through hydration, etc. we believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.

 

CONTENT DISCLAIMER

The views and opinions expressed in the media, articles or comments on this site are those of the speakers or authors and do not necessarily reflect the views and opinions held by Going6A.com. The editorial staff of Going6A.com oversees and administers the site based on our editorial policy but should not be held accountable for all of the information you may find on this web site.  Going6A.com does not warrant the accuracy, timeliness or completeness of the information contained on our website.

IMPORTANT COMPLIANCE NOTICE:

We take protecting the company, the distributors, the consumer and ourselves very seriously and it reflects in our materials!  All of our available materials have either been submitted to Enagic USA, reviewed and approved for sale to Enagic distributors or have been reviewed by legal counsel to ensure legal compliance.  Our products are SAFE for distributors to use!

Submitted to Enagic USA and approved to offer for sale to distributors:

 

Books:   Ride The Wave, Market King

 

DVD’s:   Consumer Guide DVD, International H & W DVD, Will To Win DVD

 

Tri-Fold Brochures:   Balanced Beauty, Kitchen Innovations, Eco-Friendly, Feeling Trapped, India, Antioxidants, Tap Into A Fortune, Hardcore Hydration, Livin’ Large

 

Magazines:   Consumer Guide Magazine, Hardcore Health Magazine, Health and Wellness Magazine, Restaurateur Magazine, Eco-Living Magazine

 

Miscellaneous:   First Step Training Guide, Kangenizer Water Bottle, Kangacell Water Bottle, The Healthy Times Newspaper

 

Review by Legal Counsel:

 

We recently introduced several new magazine titles, pHysical Fitness, which replaces the Hardcore Health magazine, Heads & Tails magazine and The Global Business Review magazine.  These have not yet been officially submitted to Enagic for review and approval, however, Enagic purchased 4000 copies of the Global Business Review magazine to give away in the 2019 San Diego Convention gift bags, so, since the company was giving them to distributors, we assume its contents are approved. 

 

Until the other two titles can be reviewed by Enagic, we submitted them to a notable industry attorney for review and analysis.  Below are his opinions regarding the pHysical Fitness and Heads & Tails magazines, with cited case law.

“Any individual may reproduce a copyrighted work for a “fair use;” the copyright owner does not possess the exclusive right to such a use.” Sony Corp. of Am. v. Universal City Studios, Inc., 464 U.S. 417, 433 (1984). Two important considerations for fair use are nature of publication and transformative use. Monge v. Maya Magazines, Inc., 688 F.3d 1164 (9th Cir. 2012).

The nature of the publication is satisfied here because both “comment” and “news reporting” are enumerated fair uses in the Copyright Act. 17 U.S. Code § 107.

The Heart of a claimed fair use defense of transformative use of a copyrighted work is the use of some elements of a prior author's composition to create a new one that, at least in part, comments on that author's works. 17 U.S. Code § 107(1). Here the purpose of publishing the pictures of Tom Brady and Michael Robinson are to serve a new purpose: to discuss the athletes views on water as it pertains to health.

The photos and quotes are already published, which weighs in favor of considering the magazine’s use as fair use. Monge v. Maya Magazines, Inc., 688 F.3d 1164, 1177 (9th Cir. 2012).

“Effect on the Market” is the “single most important element of fair use” Harper & Row Publishers, Inc. v. Nation Enterprises, 471 U.S. 539, 566 (1985). Because the use is transformative, it is less harmful to the market for the pictures and the documentary. The work is now being published in print, which is completely different than the original manner of publication: internet, video, and podcast. This does not infringe on future markets for the pictures or publications which quotes were taken from because they are being promoted to a different market for a different purpose than the works were originally published.

Therefore I would conclude that the publications are safely protected under the fair use doctrine.