If this definition seems ambiguous or vague, be aware that millions of dollars in legal fees have been spent attempting to define what qualifies as a fair use. See below regarding copyright licenses.
Commentary and Criticism If you are commenting upon or critiquing a copyrighted work—for instance, writing a book review—fair use principles allow you to reproduce some of the work to achieve your purposes.
Even if a use is a fair use for one semester, repeated use of copyrighted materials semester over semester may not be considered Copy right and fair use fair use because there is enough time to seek a license from the copyright holder to use the work.
In many cases, it was impossible to license the material because the filmmaker sought to use it in a critical way. Factor 3 — The Amount and Substantiality of the Portion Used Factor 3 focuses on whether the use employs more of the copyrighted work than necessary and measures how much of the original work was copied.
MarshJustice Joseph Story wrote: Attribution Even if the user has a license, the user must always credit the author, if known, and the source of the work.
Additional examples of commentary or criticism are provided in the examples of fair use cases. Court of Appeals for the Ninth Circuit concluded that fair use was not merely a defense to an infringement claim, but was an expressly authorized right, and an exception to the exclusive rights granted to the author of a creative work by copyright law: This resource describes general library and educational fair use and fair use exceptions for research and scholarly work.
Courts have been more willing to grant fair use protections to parodies than to satires, but the ultimate outcome in either circumstance will turn on the application of the four fair use factors.
A copyright does not have to be registered to be protected; although, there are benefits of registration. With the help of an intellectual property lawyer, the creators of Loose Change successfully argued that a majority of the footage used was for historical purposes and was significantly transformed in the context of the film.
Fact Intensive Analysis There is an inherent risk in relying on fair use. Using most or all of a work does not bar a finding of fair use. In addition, use of an unpublished work is less likely to be considered fair. The simple reason is that the license terms negotiated with the copyright owner may be much less expensive than defending against a copyright suit, or having the mere possibility of a lawsuit threaten the publication of a work in which a publisher has invested significant resources.
This Factor assesses whether the new work serves a new and different function from the original work and is not a substitute for the original work.
If the work was not copyrightable, the term had expired, or the defendant's work borrowed only a small amountfor instance, then the plaintiff cannot make out a prima facie case of infringement, and the defendant need not even raise the fair use defense.Even if a use is a fair use for one semester, repeated use of copyrighted materials semester over semester may not be considered a fair use because there is enough time to seek a license from the copyright holder to use the work.
The Fair Use Checklist. The Checklist and this introduction is licensed by a Creative Commons Attribution License with attribution to the original creators of the checklist Kenneth D. Crews (formerly of Columbia University) and Dwayne K. 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.
Unlike a patent, the degree of creativity necessary to qualify for a copyright is very modest. Virtually any original work—even a casual letter, or a compilation of information that involves some originality in selection or arrangement, such as a directory, an anthology, or a bibliography—can be copyrighted.
Fair Use Week was first proposed on a Fair Use Allies listserv, which was an outgrowth of the Library Code of Best Practices Capstone Event, celebrating the development and promulgation of ARL's Code of Best Practices in Fair Use.
Even if a use is a fair use for one semester, repeated use of copyrighted materials semester over semester may not be considered a fair use because there is enough time to seek a license from the copyright holder to use the work.Download