What Is Fair Use?

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Discusses fair use as it relates to copyright law, and explains the four factors of fair use.

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What Is Fair Use?

  1. 1. What is Fair Use?
  2. 2. Important Terms <ul><li>Copyright law says that you have to get permission if you want to use someone’s song, video, photograph, article, etc. </li></ul><ul><li>Fair use says that sometimes you don’t have to get permission to use someone’s creative work, even if it is copyrighted. </li></ul>Image by Flickr user PugnoM , used by Creative Commons license
  3. 3. How Do We Know? <ul><li>Four Factors of Fair Use: </li></ul><ul><li>purpose and character of use </li></ul><ul><li>nature of copyrighted work </li></ul><ul><li>amount of substantiality of work used </li></ul><ul><li>effect of use upon potential market </li></ul>Image by Flickr user PugnoM , used by Creative Commons license
  4. 4. Factor #1: Purpose and Character of Use <ul><li>Has the original work been transformed with new expression or meaning? </li></ul><ul><li>Was value added to the original work by creating new information, understandings, etc.? </li></ul>Image by Flickr user dave_mcmt , used by Creative Commons license
  5. 5. Factor #1: Purpose and Character of Use <ul><li>Examples: </li></ul><ul><li>education </li></ul><ul><li>review or criticism </li></ul><ul><li>parody </li></ul>
  6. 6. Factor #2: Nature of Copyrighted Work <ul><li>Does the work consist mostly of facts or information, or is it more creative? </li></ul><ul><li>Is the work published or unpublished? </li></ul>Image by Flickr user Muffet , used by Creative Commons license
  7. 7. Factor #3: Amount/Substantiality of Portion Used <ul><li>The less you use, the more likely it is fair use. </li></ul><ul><li>A guideline is 10%. </li></ul><ul><li>Even small portions can be infringements if they are the “heart” of the work. </li></ul>Image by Flickr user Maui in Vermont , used by Creative Commons license
  8. 8. Factor #4: Effect of Use on Potential Market <ul><li>Does your use deprive the artist of income? </li></ul><ul><li>Does it hurt the market or the future market for the original work? </li></ul>Image by Flickr user TracyO , used by Creative Commons license
  9. 9. Main Points <ul><li>The first factor (purpose of use) is considered the most important. </li></ul><ul><li>Judges consider all four factors when ruling in copyright cases. </li></ul><ul><li>Judges have lots of leeway to interpret the factors when they make their ruling. </li></ul>Image by Flickr user Joe Gratz , used by Creative Commons license

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