Fair use under copyright law

Discussion in 'Legal Issues' started by attorney jaffe, Dec 30, 2010.

  1. #1
    There are a number of posts today that could all be answered under the doctringe of "fair use" contained in copyright law.

    I am hesitant to start this conversation because many readers will immediately want to expand this concept and say, "OK, I can use anything as long as I give credit to the original author" - NOT TRUE.

    Fair Use has been around for centuries and has a 4 part test that must be met before relying on that defense to copyright infringement.

    Below is an excerpt from the U.S. copyright laws explaining fair use.

    § 107. Limitations on exclusive rights: Fair use
    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. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
    (1) the purpose and character of the use, including whether such use is of a 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; and
    (4) the effect of the use upon the potential market for or value of the copyrighted work.
    The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
     
    attorney jaffe, Dec 30, 2010 IP
  2. contentboss

    contentboss Peon

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    #2
    Don't be shy - great posts!
     
    contentboss, Jan 3, 2011 IP
  3. templbi

    templbi Peon

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    #3
    Good Post.
     
    templbi, Jan 3, 2011 IP