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.
(Funny...it seems webcomics aren't ANYWHERE on that list?)
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -
the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(Boom...commercial Nature. So its already not "Fair Use")
the nature of the copyrighted work;
(Brian has some slight advantage here...since "sprites" are a newer form of art with less laws then say an oil painting)
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(Well seeing as how there is not much to the original ff1 artwork I'd say Brian uses a substantial amount on a daily basis)
the effect of the use upon the potential market for or value of the copyrighted work.
(This is the only one I really can't see...meaning Square could get him fined, and get only what he made off of said copyrighted work. They could not sue him past that for damages).
Now the point of this wasn't to get people to stop reading 8-bit...it was so maybe one day one of you could tell Brian his littlle "Disclaimer" is nothing but an idiotic waste of text. if Square wanted to sue him they would and could. End of story. But they won't cause its a positive benefit to square.
And read all you want. I just don't like the author and most comics reflect alot of the author within the actual work. So my distaste for the author gets caught up in the comics.
[22:38] <DJ_Cyni-Cole> you're tell me, a writer, that books are lame?
Jesus fuels with 89 Octane and so do I. Eat it, heritics. -Halo