Fair use

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Fair use

  1. 1. Can I use this? A brief guide to fair usefor the student journalist
  2. 2. Fair useA few things to know  All copyright law is federal  This means that a law will apply the same throughout the U.S.
  3. 3. Fair useWhat is the intent of the law?  The idea is to encourage creativity by protecting intellectual property and protect a person’s ability to make a profit from his/her intellectual work  The intent is not to stifle creativity, but to foster it
  4. 4. Fair useWhat does copyright protect?  Any original work of authorship put in some tangible form  Fixation (being saved) is a vital compnent
  5. 5. Fair useWhat does copyright not protect?  Facts  In news, the info is not the issue; it’s the expression  Titles of works  Short phrases (although these can be trademark protected)
  6. 6. Shepard Fairy
  7. 7. Fair useA few things to know  Copyright status (notice) is not required  Simply attributing source is not enough; you must obtain permission  Copyright law does not specify percentage or time
  8. 8. Fair useWhen does a work become part of the public domain?  Passage of time  75 years after the death of the creator  Creator chooses to put it there
  9. 9. Fair UseFour Criteria 1. The purpose and character of the use, including whether such use is of 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 4. The effect of the use upon the potential market for, or value of, the copyrighted work
  10. 10. Fair useSo what can I use?• Use very small portion of a work• 29 secs or less has traditionally not been pursued for song copyright infringement• Ask yourself if copyright holder a subject of the coverage• State and federal websites have little right to prosecute for copyright infringement• Movie posters OK if an article about the movie
  11. 11. ResourcesMaterial for designers/journalists• Creative commons.orgCopyright law• Student Press Law Center – www.splc.org• U.S. Copyright Office fair use guidelines – http://www.copyright.gov/fls/fl102.html
  12. 12. Can I use this? A brief guide to fair usefor the student journalist

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