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Tokyo Rose /
An American Patriot:
A Dual Biography
This website contains at least four kinds of copyrighted material.

1) I, Frederick P. Close, control the copyright to any materials created by myself. This would include, but is not limited to, textual content of webpages, photographs and notes I took, and recordings of Iva Toguri I made. No one has the right to reproduce these materials without my consent.

2) The U.S. government in one form or another -- for example, the Army Signal Corps or the U.S. Department of Justice -- created and therefore "owns" many of the documents and images on this website. These are available for reproduction and use by anyone. (My comments on these documents are not.)

3) The website also contains many images from popular magazines. The originating magazines own the copyright for these images. (See my citations.) These images are available under the "fair use" provision of copyright law for the specific purpose of creating a scholarly biography and website on Tokyo Rose and Iva Toguri as per the following:

First, the 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use. These concern "review or criticism for purposes of illustration or comment ... in a scholarly or technical work, for illustration or clarification of the author's observations " Magazine images in
TR/AP serve precisely these purposes: scholarly comment, illustration, criticism.

Second, the use of the images is "transformative," which in 1994 the Supreme Court emphasized in its opinion on fair use. In my book and on this website, the fashion photos are not meant to sell dresses or even display designers' collections; the transformative use is to illustrate a pre-war focus on models with Asian features. The cartoons are not intended to make people laugh. Their transformative purpose is to illustrate a preoccupation with female spies in 1940-41. In summary, the fact that such images are available to scholarly critics and commentators under the fair use doctrine does not imply they may be copied from this website and used in other contexts.

4) Iva Toguri gave me family photos and other materials for my use in connection with my book. I have her commitment to my research in writing, her written comments on the letters, photos, or documents, and personal letters to me that prove that permission. Any reproduction of such material should not be undertaken without the permission of the Toguri estate.
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