Fair Use DoctrineFair Use Doctrine

Presented by: Jonathan DenhamPresented by: Jonathan Denham

October 13October 13thth, 2006, 2006

Pedagogy HCOM 595Pedagogy HCOM 595

OverviewOverview

• Introduction and definition of fair useIntroduction and definition of fair use

OverviewOverview

• Introduction and definition of fair useIntroduction and definition of fair use

• Background of fair useBackground of fair use

OverviewOverview

• Introduction and definition of fair useIntroduction and definition of fair use

• Background of fair useBackground of fair use

• Different contexts of fair useDifferent contexts of fair use

OverviewOverview

• Introduction and definition of fair useIntroduction and definition of fair use

• Background of fair useBackground of fair use

• Different contexts of fair useDifferent contexts of fair use

• How to know if something is fair useHow to know if something is fair use

What does that mean?What does that mean?

• Definition of fair use:Definition of fair use:

What does that mean?What does that mean?

• Definition of fair use:Definition of fair use:– Fair use is a limitation on the exclusive rights of the copyright Fair use is a limitation on the exclusive rights of the copyright

owner (Lloyd L. Rich)owner (Lloyd L. Rich)

What does that mean?What does that mean?

• Definition of fair use:Definition of fair use:– Fair use is a limitation on the exclusive rights of the copyright Fair use is a limitation on the exclusive rights of the copyright

owner (Lloyd L. Rich)owner (Lloyd L. Rich)

– Educational fair useEducational fair use means direct copying of the work in means direct copying of the work in question with little change, for the purpose of providing question with little change, for the purpose of providing materials to students in a nonprofit educational institution materials to students in a nonprofit educational institution (Wesley D. Blakeslee)(Wesley D. Blakeslee)

BackgroundBackground

• Some very early cases of educational fair use:Some very early cases of educational fair use:

BackgroundBackground

• Some very early cases of educational fair use:Some very early cases of educational fair use:– MacMillan v. King,MacMillan v. King, 223F. 862 (D. Mass. 1914): defendant, as 223F. 862 (D. Mass. 1914): defendant, as

part of his practice of tutoring individual pupils, prepared part of his practice of tutoring individual pupils, prepared outlines of the copyrighted material, and distributed them for outlines of the copyrighted material, and distributed them for the use of defendant's pupils. the use of defendant's pupils. INFRINGEMENT INFRINGEMENT

Wesley D. Blakeslee

BackgroundBackground

• Some very early cases of educational fair use:Some very early cases of educational fair use:– MacMillan v. King,MacMillan v. King, 223F. 862 (D. Mass. 1914): defendant, as 223F. 862 (D. Mass. 1914): defendant, as

part of his practice of tutoring individual pupils, prepared part of his practice of tutoring individual pupils, prepared outlines of the copyrighted material, and distributed them for outlines of the copyrighted material, and distributed them for the use of defendant's pupils. the use of defendant's pupils. INFRINGEMENT INFRINGEMENT

– Wihtol v. Crow,Wihtol v. Crow, 309 F. 2D 777 (8 309 F. 2D 777 (8thth Cir. 1962): defendant was Cir. 1962): defendant was the head of the vocal departments of a junior college and the head of the vocal departments of a junior college and high school and a church choir director, and had created an high school and a church choir director, and had created an arrangement of very popular hymn for use by the school and arrangement of very popular hymn for use by the school and church choirs. church choirs. INFRINGEMENTINFRINGEMENT

Wesley D. Blakeslee

BackgroundBackground

• More thorough definition:More thorough definition:

– Fair use is a doctrine in United States copyright law that allows Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It the rights holders, such as use for scholarship or review. It provides for the legal, non-licensed citation or incorporation of provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor copyrighted material in another author's work under a four-factor balancing test. It is based on free speech rights provided by the balancing test. It is based on free speech rights provided by the First Amendment to the United States Constitution. The term “fair First Amendment to the United States Constitution. The term “fair use” is unique to the United States; a similar principle, fair dealing, use” is unique to the United States; a similar principle, fair dealing, exists in some other common law jurisdictions. (Wikipedia) exists in some other common law jurisdictions. (Wikipedia)

BackgroundBackground

The legal concept of "copyright" was first ratified by the United Kingdom’s Statute of The legal concept of "copyright" was first ratified by the United Kingdom’s Statute of Anne of 1709. As room was not made for the authorized reproduction of copyrighted Anne of 1709. As room was not made for the authorized reproduction of copyrighted content within this newly formulated statutory right, the courts gradually created a content within this newly formulated statutory right, the courts gradually created a doctrine of "fair abridgement", which later became "fair use", that recognized the utility of doctrine of "fair abridgement", which later became "fair use", that recognized the utility of such actions. The doctrine only existed in the U.S. as common law until it was such actions. The doctrine only existed in the U.S. as common law until it was incorporated into the Copyright Act of 1976, 17 U.S.C. & 107, excerpted here:incorporated into the Copyright Act of 1976, 17 U.S.C. & 107, excerpted here:

(Wikipedia)

BackgroundBackground

The legal concept of "copyright" was first ratified by the United Kingdom’s Statute of The legal concept of "copyright" was first ratified by the United Kingdom’s Statute of Anne of 1709. As room was not made for the authorized reproduction of copyrighted Anne of 1709. As room was not made for the authorized reproduction of copyrighted content within this newly formulated statutory right, the courts gradually created a content within this newly formulated statutory right, the courts gradually created a doctrine of "fair abridgement", which later became "fair use", that recognized the utility of doctrine of "fair abridgement", which later became "fair use", that recognized the utility of such actions. The doctrine only existed in the U.S. as common law until it was such actions. The doctrine only existed in the U.S. as common law until it was incorporated into the Copyright Act of 1976, 17 U.S.C. & 107, excerpted here:incorporated into the Copyright Act of 1976, 17 U.S.C. & 107, excerpted here:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted 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 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 means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or 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 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—work in any particular case is a fair use the factors to be considered shall include—

(Wikipedia)

BackgroundBackground

The legal concept of "copyright" was first ratified by the United Kingdom’s Statute of The legal concept of "copyright" was first ratified by the United Kingdom’s Statute of Anne of 1709. As room was not made for the authorized reproduction of copyrighted Anne of 1709. As room was not made for the authorized reproduction of copyrighted content within this newly formulated statutory right, the courts gradually created a content within this newly formulated statutory right, the courts gradually created a doctrine of "fair abridgement", which later became "fair use", that recognized the utility of doctrine of "fair abridgement", which later became "fair use", that recognized the utility of such actions. The doctrine only existed in the U.S. as common law until it was such actions. The doctrine only existed in the U.S. as common law until it was incorporated into the Copyright Act of 1976, 17 U.S.C. & 107, excerpted here:incorporated into the Copyright Act of 1976, 17 U.S.C. & 107, excerpted here:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted 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 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 means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or 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 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—work in any particular case is a fair use the factors to be considered shall include—

1.1. the purpose and character of the use, including whether such use is of a commercial the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; nature or is for nonprofit educational purposes;

(Wikipedia)

BackgroundBackground

The legal concept of "copyright" was first ratified by the United Kingdom’s Statute of The legal concept of "copyright" was first ratified by the United Kingdom’s Statute of Anne of 1709. As room was not made for the authorized reproduction of copyrighted Anne of 1709. As room was not made for the authorized reproduction of copyrighted content within this newly formulated statutory right, the courts gradually created a content within this newly formulated statutory right, the courts gradually created a doctrine of "fair abridgement", which later became "fair use", that recognized the utility of doctrine of "fair abridgement", which later became "fair use", that recognized the utility of such actions. The doctrine only existed in the U.S. as common law until it was such actions. The doctrine only existed in the U.S. as common law until it was incorporated into the Copyright Act of 1976, 17 U.S.C. & 107, excerpted here:incorporated into the Copyright Act of 1976, 17 U.S.C. & 107, excerpted here:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted 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 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 means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or 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 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—work in any particular case is a fair use the factors to be considered shall include—

1.1. the purpose and character of the use, including whether such use is of a commercial the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; nature or is for nonprofit educational purposes;

2.2. the nature of the copyrighted work; the nature of the copyrighted work;

(Wikipedia)

BackgroundBackground

The legal concept of "copyright" was first ratified by the United Kingdom’s Statute of The legal concept of "copyright" was first ratified by the United Kingdom’s Statute of Anne of 1709. As room was not made for the authorized reproduction of copyrighted Anne of 1709. As room was not made for the authorized reproduction of copyrighted content within this newly formulated statutory right, the courts gradually created a content within this newly formulated statutory right, the courts gradually created a doctrine of "fair abridgement", which later became "fair use", that recognized the utility of doctrine of "fair abridgement", which later became "fair use", that recognized the utility of such actions. The doctrine only existed in the U.S. as common law until it was such actions. The doctrine only existed in the U.S. as common law until it was incorporated into the Copyright Act of 1976, 17 U.S.C. & 107, excerpted here:incorporated into the Copyright Act of 1976, 17 U.S.C. & 107, excerpted here:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted 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 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 means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or 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 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—work in any particular case is a fair use the factors to be considered shall include—

1.1. the purpose and character of the use, including whether such use is of a commercial the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; nature or is for nonprofit educational purposes;

2.2. the nature of the copyrighted work; the nature of the copyrighted work;

3.3. the amount and substantiality of the portion used in relation to the copyrighted work the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and as a whole; and

(Wikipedia)

BackgroundBackground

The legal concept of "copyright" was first ratified by the United Kingdom’s Statute of The legal concept of "copyright" was first ratified by the United Kingdom’s Statute of Anne of 1709. As room was not made for the authorized reproduction of copyrighted Anne of 1709. As room was not made for the authorized reproduction of copyrighted content within this newly formulated statutory right, the courts gradually created a content within this newly formulated statutory right, the courts gradually created a doctrine of "fair abridgement", which later became "fair use", that recognized the utility of doctrine of "fair abridgement", which later became "fair use", that recognized the utility of such actions. The doctrine only existed in the U.S. as common law until it was such actions. The doctrine only existed in the U.S. as common law until it was incorporated into the Copyright Act of 1976, 17 U.S.C. & 107, excerpted here:incorporated into the Copyright Act of 1976, 17 U.S.C. & 107, excerpted here:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted 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 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 means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or 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 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—work in any particular case is a fair use the factors to be considered shall include—

1.1. the purpose and character of the use, including whether such use is of a commercial the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; nature or is for nonprofit educational purposes;

2.2. the nature of the copyrighted work; the nature of the copyrighted work;

3.3. the amount and substantiality of the portion used in relation to the copyrighted work the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and as a whole; and

4.4. the effect of the use upon the potential market for or value of the copyrighted work.the effect of the use upon the potential market for or value of the copyrighted work.(Wikipedia)

Fair Use in MediaFair Use in Media

• Rule of thumb:Rule of thumb:

Fair Use in MediaFair Use in Media

• Rule of thumb: Avoid using a rule of Rule of thumb: Avoid using a rule of thumb.thumb.

Fair Use in MediaFair Use in Media

• Rule of thumb: Avoid using a rule of Rule of thumb: Avoid using a rule of thumb.thumb.

Fair Use in MediaFair Use in Media

• Rule of thumb: Avoid using a rule of Rule of thumb: Avoid using a rule of thumb.thumb.

• No one can ever know whether a use is No one can ever know whether a use is fair by the use of any hard and fast rule.fair by the use of any hard and fast rule.

Fair Use in MediaFair Use in Media

• Rule of thumb: Avoid using a rule of Rule of thumb: Avoid using a rule of thumb.thumb.

• No one can ever know whether a use is No one can ever know whether a use is fair by the use of any hard and fast rule.fair by the use of any hard and fast rule.

• Take a scene from a fictional movie on a Take a scene from a fictional movie on a VHS and copy it to a DVD?VHS and copy it to a DVD?

Fair Use in MediaFair Use in Media

• Rule of thumb: Avoid using a rule of Rule of thumb: Avoid using a rule of thumb.thumb.

• No one can ever know whether a use is No one can ever know whether a use is fair by the use of any hard and fast rule.fair by the use of any hard and fast rule.

• Take a scene from a fictional movie on a Take a scene from a fictional movie on a VHS and copy it to a DVD?VHS and copy it to a DVD?– Considered fair useConsidered fair use

Fair Use in MediaFair Use in Media

• Showing a copyrighted movie or taped Showing a copyrighted movie or taped video program in the classroom?video program in the classroom?

Fair Use in MediaFair Use in Media

• Showing a copyrighted movie or taped Showing a copyrighted movie or taped video program in the classroom?video program in the classroom?– Considered fair useConsidered fair use

Fair Use in MediaFair Use in Media

• Showing a copyrighted movie or taped Showing a copyrighted movie or taped video program in the classroom?video program in the classroom?– Considered fair useConsidered fair use– Must be from a lawfully obtained copy e.g., Must be from a lawfully obtained copy e.g.,

could not use one that was “pirated” from could not use one that was “pirated” from the Internet the Internet

Fair Use in MediaFair Use in Media

• Copying several excerpts of different Copying several excerpts of different movies onto one single tape or DVD to movies onto one single tape or DVD to show in class? show in class?

Fair Use in MediaFair Use in Media

• Copying several excerpts of different Copying several excerpts of different movies onto one single tape or DVD to movies onto one single tape or DVD to show in class? show in class? – Fair useFair use

Fair Use in MediaFair Use in Media

• A showing that is a private and not a A showing that is a private and not a public performancepublic performance

Fair Use in MediaFair Use in Media

• A showing that is a private and not a A showing that is a private and not a public performancepublic performance– The fewer number of people the less likely The fewer number of people the less likely

it will be considered publicit will be considered public

Fair Use in MediaFair Use in Media

• A showing that is a private and not a A showing that is a private and not a public performancepublic performance– The fewer number of people the less likely The fewer number of people the less likely

it will be considered publicit will be considered public

• The performance is of a work created by The performance is of a work created by the U.S. governmentthe U.S. government

Fair Use in MediaFair Use in Media

• A showing that is a private and not a A showing that is a private and not a public performancepublic performance– The fewer number of people the less likely The fewer number of people the less likely

it will be considered publicit will be considered public

• The performance is of a work created by The performance is of a work created by the U.S. governmentthe U.S. government– Works created by the federal government Works created by the federal government

are not protected by copyrightare not protected by copyright

Fair Use in MediaFair Use in Media

• A showing that is a private and not a A showing that is a private and not a public performancepublic performance– The fewer number of people the less likely The fewer number of people the less likely

it will be considered publicit will be considered public

• The performance is of a work created by The performance is of a work created by the U.S. governmentthe U.S. government– Works created by the federal government Works created by the federal government

are not protected by copyrightare not protected by copyright• Ex: Military Films, Space ExplorationEx: Military Films, Space Exploration

Fair Use in Classroom HandoutsFair Use in Classroom Handouts

• Making use of the works of others raises questions for fair useMaking use of the works of others raises questions for fair use

Fair Use in Classroom HandoutsFair Use in Classroom Handouts

• Making use of the works of others raises questions for fair useMaking use of the works of others raises questions for fair use• Common issues: involve copying of articles from journals or Common issues: involve copying of articles from journals or

excerpts from booksexcerpts from books

Fair Use in Classroom HandoutsFair Use in Classroom Handouts

• Making use of the works of others raises questions for fair useMaking use of the works of others raises questions for fair use• Common issues: involve copying of articles from journals or Common issues: involve copying of articles from journals or

excerpts from booksexcerpts from books• Current copyright law gives legal protection to nearly all text, Current copyright law gives legal protection to nearly all text,

images, audiovisual recordings, and other course materials even images, audiovisual recordings, and other course materials even if the original works if the original works do notdo not include statements about copyright include statements about copyright

Fair Use in Classroom HandoutsFair Use in Classroom Handouts

• Making use of the works of others raises questions for fair useMaking use of the works of others raises questions for fair use• Common issues: involve copying of articles from journals or Common issues: involve copying of articles from journals or

excerpts from booksexcerpts from books• Current copyright law gives legal protection to nearly all text, Current copyright law gives legal protection to nearly all text,

images, audiovisual recordings, and other course materials even images, audiovisual recordings, and other course materials even if the original works if the original works do notdo not include statements about copyright include statements about copyright

• Here’s how you can know if it can be copiedHere’s how you can know if it can be copied

Fair Use in Classroom HandoutsFair Use in Classroom Handouts

• Making use of the works of others raises questions for fair useMaking use of the works of others raises questions for fair use• Common issues: involve copying of articles from journals or Common issues: involve copying of articles from journals or

excerpts from booksexcerpts from books• Current copyright law gives legal protection to nearly all text, Current copyright law gives legal protection to nearly all text,

images, audiovisual recordings, and other course materials even images, audiovisual recordings, and other course materials even if the original works if the original works do notdo not include statements about copyright include statements about copyright

• Here’s how you can know if it can be copied:Here’s how you can know if it can be copied:– The instructor is the copyright owner of the materialThe instructor is the copyright owner of the material

Fair Use in Classroom HandoutsFair Use in Classroom Handouts

• Making use of the works of others raises questions for fair useMaking use of the works of others raises questions for fair use• Common issues: involve copying of articles from journals or Common issues: involve copying of articles from journals or

excerpts from booksexcerpts from books• Current copyright law gives legal protection to nearly all text, Current copyright law gives legal protection to nearly all text,

images, audiovisual recordings, and other course materials even images, audiovisual recordings, and other course materials even if the original works if the original works do notdo not include statements about copyright include statements about copyright

• Here’s how you can know if it can be copied:Here’s how you can know if it can be copied:– The instructor is the copyright owner of the materialThe instructor is the copyright owner of the material

– The copyright owner grants permissionThe copyright owner grants permission

Fair Use in Classroom HandoutsFair Use in Classroom Handouts

• Making use of the works of others raises questions for fair useMaking use of the works of others raises questions for fair use• Common issues: involve copying of articles from journals or Common issues: involve copying of articles from journals or

excerpts from booksexcerpts from books• Current copyright law gives legal protection to nearly all text, Current copyright law gives legal protection to nearly all text,

images, audiovisual recordings, and other course materials even images, audiovisual recordings, and other course materials even if the original works if the original works do notdo not include statements about copyright include statements about copyright

• Here’s how you can know if it can be copied:Here’s how you can know if it can be copied:– The instructor is the copyright owner of the materialThe instructor is the copyright owner of the material

– The copyright owner grants permissionThe copyright owner grants permission

– The material is in the public domainThe material is in the public domain

Fair Use in Classroom HandoutsFair Use in Classroom Handouts

• Making use of the works of others raises questions for fair useMaking use of the works of others raises questions for fair use• Common issues: involve copying of articles from journals or Common issues: involve copying of articles from journals or

excerpts from booksexcerpts from books• Current copyright law gives legal protection to nearly all text, Current copyright law gives legal protection to nearly all text,

images, audiovisual recordings, and other course materials even images, audiovisual recordings, and other course materials even if the original works if the original works do notdo not include statements about copyright include statements about copyright

• Here’s how you can know if it can be copied:Here’s how you can know if it can be copied:– The instructor is the copyright owner of the materialThe instructor is the copyright owner of the material

– The copyright owner grants permissionThe copyright owner grants permission

– The material is in the public domainThe material is in the public domain

– The use of the material is considered “fair use” under the lawThe use of the material is considered “fair use” under the law

Fair Use in Classroom HandoutsFair Use in Classroom Handouts

• Making use of the works of others raises questions for fair useMaking use of the works of others raises questions for fair use• Common issues: involve copying of articles from journals or Common issues: involve copying of articles from journals or

excerpts from booksexcerpts from books• Current copyright law gives legal protection to nearly all text, Current copyright law gives legal protection to nearly all text,

images, audiovisual recordings, and other course materials even images, audiovisual recordings, and other course materials even if the original works if the original works do notdo not include statements about copyright include statements about copyright

• Here’s how you can know if it can be copied:Here’s how you can know if it can be copied:– The instructor is the copyright owner of the materialThe instructor is the copyright owner of the material

– The copyright owner grants permissionThe copyright owner grants permission

– The material is in the public domainThe material is in the public domain

– The use of the material is considered “fair use” under the lawThe use of the material is considered “fair use” under the law

– The material falls within another statutory exceptionThe material falls within another statutory exception

Fair Use For PhotosFair Use For Photos

• Photos taken from the InternetPhotos taken from the Internet

Fair Use For PhotosFair Use For Photos

• Photos taken from the InternetPhotos taken from the Internet– Yahoo images, Google images, and othersYahoo images, Google images, and others

Fair Use For PhotosFair Use For Photos

• Photos taken from the InternetPhotos taken from the Internet– Yahoo images, Google images, and othersYahoo images, Google images, and others– Probably considered fair useProbably considered fair use

Determining Fair UseDetermining Fair Use

• The copyright law states that fair use of a copyrighted work The copyright law states that fair use of a copyrighted work without permission shall be for purposes such aswithout permission shall be for purposes such as

Determining Fair UseDetermining Fair Use

• The copyright law states that fair use of a copyrighted work The copyright law states that fair use of a copyrighted work without permission shall be for purposes such as:without permission shall be for purposes such as:– Criticism and commentCriticism and comment

Determining Fair UseDetermining Fair Use

• The copyright law states that fair use of a copyrighted work The copyright law states that fair use of a copyrighted work without permission shall be for purposes such as:without permission shall be for purposes such as:– Criticism and commentCriticism and comment

– Parody and satireParody and satire

Determining Fair UseDetermining Fair Use

• The copyright law states that fair use of a copyrighted work The copyright law states that fair use of a copyrighted work without permission shall be for purposes such as:without permission shall be for purposes such as:– Criticism and commentCriticism and comment

– Parody and satireParody and satire

– Scholarship and researchScholarship and research

Determining Fair UseDetermining Fair Use

• The copyright law states that fair use of a copyrighted work The copyright law states that fair use of a copyrighted work without permission shall be for purposes such as:without permission shall be for purposes such as:– Criticism and commentCriticism and comment

– Parody and satireParody and satire

– Scholarship and researchScholarship and research

– News reportingNews reporting

Determining Fair UseDetermining Fair Use

• The copyright law states that fair use of a copyrighted work The copyright law states that fair use of a copyrighted work without permission shall be for purposes such as:without permission shall be for purposes such as:– Criticism and commentCriticism and comment

– Parody and satireParody and satire

– Scholarship and researchScholarship and research

– News reportingNews reporting

– Teaching Teaching

Determining Fair UseDetermining Fair Use

• The copyright law states that fair use of a copyrighted work The copyright law states that fair use of a copyrighted work without permission shall be for purposes such as:without permission shall be for purposes such as:– Criticism and commentCriticism and comment

– Parody and satireParody and satire

– Scholarship and researchScholarship and research

– News reportingNews reporting

– Teaching Teaching

(These are under the stipulation that such fair use will not result in the (These are under the stipulation that such fair use will not result in the infringement of a copyrighted work.)infringement of a copyrighted work.)

Determining Fair UseDetermining Fair Use

• Must be applied to the 4 – pronged testMust be applied to the 4 – pronged test

Determining Fair UseDetermining Fair Use

• Must be applied to the 4 – pronged testMust be applied to the 4 – pronged test1.1. The purpose and character of the useThe purpose and character of the use

Determining Fair UseDetermining Fair Use

• Must be applied to the 4 – pronged testMust be applied to the 4 – pronged test1.1. The purpose and character of the useThe purpose and character of the use

2.2. The nature of the copyrighted workThe nature of the copyrighted work

Determining Fair UseDetermining Fair Use

• Must be applied to the 4 – pronged testMust be applied to the 4 – pronged test1.1. The purpose and character of the useThe purpose and character of the use

2.2. The nature of the copyrighted workThe nature of the copyrighted work

3.3. The amount and substantiality of the portion used in relation to The amount and substantiality of the portion used in relation to the copyrighted work as a wholethe copyrighted work as a whole

Determining Fair UseDetermining Fair Use

• Must be applied to the 4 – pronged testMust be applied to the 4 – pronged test1.1. The purpose and character of the useThe purpose and character of the use

2.2. The nature of the copyrighted workThe nature of the copyrighted work

3.3. The amount and substantiality of the portion used in relation to The amount and substantiality of the portion used in relation to the copyrighted work as a wholethe copyrighted work as a whole

4.4. The effect of the use upon the potential market for or value of the The effect of the use upon the potential market for or value of the copyrighted workcopyrighted work

Disclaimer:Disclaimer:

Disclaimer:Disclaimer:

This is not considered legal advice. You should This is not considered legal advice. You should consult an attorney if you have legal questions that consult an attorney if you have legal questions that relate to your specific publishing issues and relate to your specific publishing issues and projects.projects.

??Questions????Questions??

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Enjoy your Enjoy your Friday the 13Friday the 13thth

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Enjoy your Enjoy your Friday the 13Friday the 13thth