Fair Skies, Fair Complexions, and the kind you show your Prize Pig At: What "Fair Use" means for a content-sharing world. Presentation on copyright and fair use basics for content creators and users.
PodCamp Nashville - Fair Use in a Content-Sharing World
1. Fair Skies, Fair Complexions, and
the Kind You Show Your Prize Pig
At: What "fair use" means for a
content-sharing world
by Tara M. Aaron, Esq.
Stites & Harbison, PLLC
Nashville, TN
2. Fair Use – Some Basics
► Wow. That girl's blog is so cool. How great that I
can just copy and paste that quote into my post?
► Did you see that photo in the New York Times
yesterday? That would look great on my website.
JUST BECAUSE IT‘S EASY, THAT DOESN‘T MEAN IT‘S
OKAY!
Tara Mooney Aaron - Fair Use
3. Fair Use – Some Basics
► Copyright subsists in original works of authorship
fixed in any tangible medium of expression
►17 USC § 102
Tara Mooney Aaron - Fair Use
4. Fair Use – Some Basics
► Works protected by copyright law:
Literary works
Musical works (with words)
Dramatic works (with music)
Pantomimes/choreographic works
Pictorial, graphic and sculptural
Motion pictures and audiovisual
Sound recordings
Architectural works
►17 USC § 102
Tara Mooney Aaron - Fair Use
5. Fair Use – Some Basics
► The owner of a copyright has the exclusive right to do
and to authorize any of the following:
to reproduce the copyrighted work
to prepare derivative works based on the
copyrighted work
to distribute copies of the copyrighted work to the
public
to perform the copyrighted work publicly
to display the copyrighted work publicly
► 17 USC § 106
Tara Mooney Aaron - Fair Use
6. Fair Use – Some Basics
► What can happen in case of copyright
infringement?
injunction 17 USC § 502
impounding and destruction of infringing
articles 17 USC § 503
damages and profits of infringer 17 USC § 504
statutory damages of $750 to $30,000 if
infringement is non-willful, up to $150,000 if
willful 17 USC § 504
Tara Mooney Aaron - Fair Use
7. Fair Use – Some Basics
► There are four statutory factors according to 17 USC
§ 107 to determine whether there is fair use:
purpose and character of the use, including whether use is
commercial or is for nonprofit educational
nature of the copyrighted work
amount and substantiality of portion used in relation to the
copyrighted work as a whole; and
effect of the use upon potential market for or value of copyrighted
work
9. Fair Use – Some Basics
► If you use somebody else’s content, check the
following:
public domain?
- facts, ideas not copyrightable
- protection term expired
permission (license)?
fair use?
Linking vs. Copying
Tara Mooney Aaron - Fair Use
10. Facebook
►I want to post pictures I have taken on my own on
Facebook
copyright notice?
who is in the picture; did they give their
permission?
►beware of defamatory pictures!
Tara Mooney Aaron - Fair Use
11. Facebook
►Iwant to post text I have seen on a friend‘s blog
on my Facebook site
copyright protection for the text
fair use?
Tara Mooney Aaron - Fair Use
12. YouTube
► Thenew Arcade Fire video blew my mind
and I need to share it with my friends; can I
copy it with my Tivo from MTV and post in
on YouTube?
copyright in music video
fair use?
Tara Mooney Aaron - Fair Use
13. YouTube
► Can I create my own video using the original
music but creating a slideshow with pictures from
their last concert?
license in original music?
rights in pictures no problem if I have taken
them; but what if they are from my best friend?
Tara Mooney Aaron - Fair Use
14. Twitter
►I have just seen
Charlie S. stumbling
out of a bar and
getting into his car
with a fifteen year old
girl. #Winning! Can I
tweet about this?
Drinkin that #TigerBlood !!!
Is the story true?
What personality rights
does Charlie have?
Tara Mooney Aaron - Fair Use
15. Fan Sites
►I am a huge fan of Yeasayer. Can I create a
fansite on Facebook?
personality rights of band members
copyright in pictures and music
true stories, rumors,...
Tara Mooney Aaron - Fair Use