• Undertake exclusive rights
without obtaining permission and
without payment of license fee
Statutory Exemption: Fair Use
1. Purpose & character of use
(commercial purposes less likely fair than
nonprofit educational; whether use is
“transformative” often dominates)
2. Nature of copyrighted work
(more likely fair if you’re using factual/
3. Amount and substantiality
(size & importance of portion used in
relation to whole)
4. Effect on potential market
(less likely fair if use is substitute for
purchasing original)By Rachael G. Samberg
Is use fair?
▪ All four factors
▪ No 10% rule
▪ Always fair to link to lawful
Tom (William S.) Photographs
ONE National Gay & Lesbian Archives
▪ Right to control commercial use of identity
▪ Survive death
▪ Usually applicable only if commercial use
Do you want to & can
you license the use of
4: How do you want
If they liked it
• Copyright attaches upon
work being fixed
• Registration not required
• But it has advantages
innovation, criticism, etc.?
Preclude reuse beyond
TLG® materials are copyrighted and are
not in the public domain. You may browse
and search the TLG Canon and textual
corpus and online LSJ on this site but you
may not download them.
How should others use your new work?
You have the right to make fair uses.
Relying on it involves
can affect uses
that otherwise would be fair.
Use Case #1
▪ Faculty member acquired slides of buildings, people,
events, etc. shot in Egypt between 1969 and 1980.
▪ Purchased at U.S. garage sale, photographer unknown.
▪ Can they be digitized & shared?
▪ What kind of rights statement should be used?
Use Case #3
▪ Society from Use Case 2 wants to use slides in documentary
it plans to screen at event for which it will charge admission.
▪ Reached out to estate, but no response.
▪ Can it use images in way that is fair if charging admission?
▪ How does a fee affect determination of “commercial vs.
nonprofit educational use” for fair use factor 1?
Use Case #4
▪ A British Museum digitized image
should be in public domain, but website
terms apply CC-BY-NC-SA license.
(RightsStatement.org would be clearer)
▪ Can academic department use it on its
website or in promotional materials
CC-BY-NC-SA 4.0 British Museum. Print by Farrell, circa 1897-1922.
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