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Fair Use
Fair Use
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Fair Use
Fair Use
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Fair Use

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Overview of fair use guidelines from the online journalist's perspective. Read more about copyright and fair use at http://fairuse.stanford.edu/

Overview of fair use guidelines from the online journalist's perspective. Read more about copyright and fair use at http://fairuse.stanford.edu/

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  • Not a fair use. The Nation magazine published excerpts from ex-President Gerald Ford’s unpublished memoirs - including an account of his decision to pardon Richard Nixon . 300-400 words, verbatim quotes. The publication in The Nation was made several weeks prior to the date Mr. Ford’s book was to be serialized in another magazine. Important factors: The Nation’s copying seriously damaged the marketability of Mr. Ford’s serialization rights. ( Harper & Row v. Nation Enters. , 471 U.S. 539 (1985).) Fair use. A search engine’s practice of creating small reproductions (“thumbnails”) of images and placing them on its own website (known as “ inlining ” ) did not undermine the potential market for the sale or licensing of those images. Important factors: The thumbnails were much smaller and of much poorer quality than the original photos and served to help the public access the images by indexing them. ( Kelly v. Arriba-Soft , 336 F.3d. 811 (9th Cir. 2003).)
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    • 1. Fair Use Marie K. Shanahan University of Connecticut September 2011
    • 2. What is Fair Use? <ul><li>Allows for limited use of others ’ copyrighted material for purposes condoned by law. </li></ul><ul><li>By some interpretations, it allows journalists to post some images/content online without obtaining the owner ’s permission if we use the owner’s copyrighted works in ways that are fundamentally equitable . </li></ul>
    • 3. Common examples of fair use <ul><li>Legitimate criticism </li></ul><ul><li>Commentary </li></ul><ul><li>News reporting </li></ul><ul><li>Research </li></ul><ul><li>Scholarship </li></ul>
    • 4. Common Fair Use Misconceptions <ul><li>&quot;As long as I don ’t use more than XXX words, it is a fair use.&quot; </li></ul><ul><li>“ It is ‘newsworthy,’ so it is a fair use.” </li></ul><ul><li>“ I gave the owner ‘credit,’ so it is a fair use.” </li></ul><ul><li>None of these arguments cut it </li></ul><ul><li>in a court of law. </li></ul>
    • 5. Apply the four factors of fair use <ul><li>1. The purpose and character of the use. </li></ul><ul><li>Is it commercial or for nonprofit/educational purposes? </li></ul>
    • 6. Apply the four factors of fair use <ul><li>2. The nature of the copyrighted work. </li></ul><ul><li>Reproducing a factual work is more likely to be fair use than a creative work such as a musical composition or a painting. </li></ul><ul><li>NOTE: Photographs are often considered creative work. </li></ul>
    • 7. Apply the four factors of fair use <ul><li>3. The amount and significance of the portion used in relation to the entire work . Reproducing smaller portions of works are more likely to be fair use than large or essential portions. </li></ul>
    • 8. Apply the four factors of fair use <ul><li>4. The impact of the use upon the potential market for or value of the copyrighted work. </li></ul><ul><li>(see “ Shepard Fairey ” case) </li></ul>
    • 9. Can I rewrite an existing news story in my own words? <ul><li>No. To maintain your journalistic credibility, you should avoid rewriting an entire story from another publication and posting it on your website, even with frequent attribution throughout your post. </li></ul><ul><li>Summarize and use a hyperlink. </li></ul>
    • 10. Plagiarism and Attribution <ul><li>If you use information from another website, you must attribute the text and include a link to the original source. </li></ul><ul><li>If you are using some word-for-word text from another site, it must be clear to the reader that the words are someone else’ s. </li></ul><ul><li>Failure to tell the readers that these are the words of others is plagiarism. </li></ul>
    • 11. Let’s aggregate
    • 12. Aggregation <ul><li>Pick at least three different online sources </li></ul><ul><li>Seek varied perspectives </li></ul><ul><li>Official source </li></ul><ul><li>Reputable news source </li></ul><ul><li>Other source – blog, Facebook, Twitter, YouTube </li></ul><ul><li>Curate a story that summarizes the news event and online conversation surrounding it today, guiding your readers to a better understanding of the issue, based on the online resources you researched and verified. Provide hyperlinks to your sources and attribution. </li></ul>

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