Transcript Copyright and Fair Use

Copyright and Fair Use
An issue of Justice
Copyright
Copyright law gives
exclusive rights and control
over what someone has
created. It gives special
preference to things that are
creative, i.e. art or fictional
works. The purpose of
copyright is to encourage
the sharing of creative
works. Copyright while
exclusive is not necessarily
absolute. The exceptions
to this exclusivity are known
as Fair Use and are
included in the copyright
law.
Fair Use
There are four factors
used by the courts
when considering
disputes over fair use
of copyrighted
material. There is no
clear cut standard for
fair use and cases are
decided on a case by
case basis.
The four considerations for
fair use.
– The purpose and character
of your use
– The nature of the
copyrighted work
– The amount and
substantiality of the portion
taken
– The effect of the use upon
the potential market
THE PURPOSE AND CHARACTER OF YOUR USE
1. Copying of copyrighted material can done for
a limited and “transformative” purpose.
2. Section 107 of the Copyright law contains a
list of uses that can be considered fair.
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Comment
Criticism
News Reporting
Teaching
Scholarship
Research
THE NATURE OF THE COPYRIGHTED WORK
1. Are you copying from the
facts of a work or are you
borrowing from the
creativity of another?
Biographies,Histories,
or Novels, Plays
2. Is the work published or
unpublished? The law
gives less leeway when
using unpublished
material because the
author/creator has the
right of first publication.
Parody is one use that can be considered
Fair Use. A parody must hold the original
up to ridicule
THE AMOUNT AND SUBSTANTIALITY OF THE
PORTION TAKEN
This varies depending on the work being copied.
Gerald Ford’s memoir:
Harper & Row v. Nation
THE EFFECT OF THE USE UPON THE POTENTIAL
MARKET
Creative Commons
Creative Commons Licenses
Google Search
Google search
Flickr Search
Bing Search