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.