Uploaded byFiliz Efe
Fair Use & Digital Media (Extended Version)
The document explores the concept of fair use in U.S. copyright law, focusing on its application for visual content created by students and educators. It outlines the conditions under which copyrighted materials can be used without permission, as well as the four-factor test to determine fair use. The author discusses specific scenarios, such as the use of an image for a promotional flyer, to illustrate the complexities and challenges of applying fair use principles.
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Editor's Notes
- #13 For example, you may need to consider rights of privacy and publicity, ask permission to use a trade or service mark, or get a license to practice a patented process or system, but discussion of these rights and interests is beyond the scope of this Policy statement.
- #14 4 Part Test(1) the purpose and character of the use, including whether such use is of a 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; and (4) the effect of the use upon the potential market for or value of the copyrighted work.
- #21 Does the use deprives the copyright owner of income Includes both new or potential market for the copyrighted work. Direct market substitute?Courts also consider impact on general market for workApplies even if the copyright owner would never have considered entering the market (e.g. Jeff Koons)