This site is for educational purposes only!! **FAIR USE** Copyright Disclaimer under section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use. FAIR USE
DEFINITION: (Source: http://en.wikipedia.org/wiki/Fair_use) Fair use is a doctrine in the United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as for commentary, criticism, news reporting, research, teaching or scholarship. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test. The term “fair use” originated in the United States. A similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright. U.S. COPYRIGHT OFFICE- FAIR USE DEFINITION (Source: http://www.copyright.gov/fls/fl102.html) One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U.S. Code). One of the more important limitations is the doctrine of “fair use”. The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law. Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out in four factors to be considered in determining whether or not a particular use is fair: 1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes 2. The nature of the copyrighted work 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole 4. The effect of the use upon the potential market for, or value of, the copyrighted work The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission. 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: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.” Copyright protects the particular way an author has expressed himself. It does not extend to any ideas, systems, or factual information conveyed in the work. The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission. When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney. FL-102, Revised September 2010 Under the doctrine of "fair use," the law allows the use of portions of copyrighted work without permission from the owner. Fair use is a defense to copyright infringement. This means that an unauthorized use of copyrighted material is excusable if it falls under the principle of fair use. Although the law does provide guidelines for making this assessment, determining fair use is not always easy since it is a grey area of the law. Consequently, courts make decisions on a case-by-case basis. What Work Does Copyright ProtectUnder Title 17 of the U.S. Code, copyright owners have the right to limit the use of their creative work. An owner has the right to distribute, reproduce, display, make derivatives, or perform the work in public. This right applies to both published and unpublished works fixed in a tangible medium. Creative works include:
Copyright law does not apply to ideas and facts; names, pen names, titles, or slogans; extemporaneous speeches; blank forms and standardized material; and government works. Although copyright law does not protect facts and ideas, copyright protects the author's phrasing or form of expression. Fair Uses of Copyrighted MaterialUnder the Copyright Act, the fair use of copyrighted material without permission is allowed when used for the following purposes:
These uses do not grant the right to use the copyrighted work in its entirety. Rather, the use should be limited to quoting, excerpting, summarizing, and making educational copies of the material. The Fair Use Four-Factor TestCourts consider four factors when evaluating whether an unauthorized use of copyrighted material is fair. The following factors are guidelines under the Copyright Act:
Courts may use additional factors to determine whether the unauthorized use of copyrighted material is fair. Court Decisions on Fair UseCourts evaluate fair use on a case-by-case basis. The following are cases in which a court ruled that an unauthorized use was fair:
The following are cases in which a court ruled that unauthorized use was not fair:
Confused About Fair Use Law? An IP Attorney Can HelpWhether you are an artist, author, or screenwriter, a lawyer can help you determine whether portions of the work you want to use falls under the fair use principle. A skilled attorney can try to prevent disputes before they happen, they can also assist with any litigation matters you might encounter. Contact a local intellectual property attorney today and get some peace of mind. Which of the following is considered in determining whether use of copyrighted material constitutes fair use?For example, in the United States, copyright rights are limited by the doctrine of "fair use," under which certain uses of copyrighted material for, but not limited to, criticism, commentary, news reporting, teaching, scholarship, or research may be considered fair.
What are four factors used to determine if use of copyrighted material is fair use or not?In determining whether or not a particular use is fair, the law states that at least four factors should be taken into should be taken into consideration: The purpose and character of the use. The nature of the work. The amount and substantiality of the portion used in relation to the work as a whole.
Which of the following would most likely be considered fair use of copyrighted material?In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work.
What are the three 3 factors to consider in deciding whether a use of copyrighted material is a fair use?the purpose and character of the use, including whether it is of a commercial nature or for nonprofit educational purposes. the nature of the copyrighted work. the amount of the portion used in relation to the copyrighted work as a whole, and.
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Which of the following is considered in determining whether use of copyrighted material constitutes fair use quizlet?
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