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Fair Use in a Digial Age


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Fair Use in a Digial Age

  1. 1. Fair Use In A Digital Age Digital Law Kraig Baker Prepared by Alvin Singh II
  2. 2. What is Fair Use? A doctrine in the Copyright law that allows copyrighted work to be used without permission from the copyright holder such as for commentary, research, teaching, news reporting or criticism
  3. 3. Four Balancing Factors (1) the purpose and character of the use, including whether such use is of a commercial nature or is for non profit purposes (2) the nature of the copyrighted work (3) the amount 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
  4. 4. Filmmakers Guide to Fair Use Many filmmakers are intimidated by expensive licensing fees and fear of litigation At the same time documentary filmmakers are copyright holders too and do not want others to use their work exploitatively Support Creative Common community to use and share with other content producers your work and use their work for no cost other than honest credits.
  5. 5. Fair Use Purposes One must demonstrate if the use is advancing knowledge or the progression of the arts through additional work Transformative vs. Derivative
  6. 6. Courts Two Questions (1) Did the unlicensed use “transform” the material taken from the copyrighted work by using it for a different purpose than the original, or did it just repeat the work for the same intent and value as the original? (2) Was the amount and nature of the material taken appropriate in light of the nature of the copyrighted work ad of the use?
  7. 7. Best Practices In Fair Use (1) Employing copyrighted material as the object of social, political or cultural critique Limitations: The work should not be so pervasive that it no longer serves as a critique instead becomes a separate market to satisfying the audience.
  8. 8. Best Practices In Fair Use (2) Quoting copyrighted works of popular culture to illustrate an argument or point Example: Material that is quoted to help illustrate a point in the film like old fiction film video clips.
  9. 9. Best Practices In Fair Use (3) Capturing copyrighted media content in the process of filming something else Example: Incidentally record a a subject and in the background there is a copyrighted art design or mural while the subject is talking about the “history” of the community this is considered fair use. Which applies to music playing in the background or clips from fiction films while demonstrating a point on American history is fair use.
  10. 10. Best Practices In Fair Use (4) Using copyrighted material in a historical sequence Description: In order for the film to make a historical point they can use music that was popular at the time or photographs and film. The value of using the material is to represent to new generation of users