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Copyright Law and the Fair Use Doctrine
Copyright Law and the Fair Use Doctrine
Useful Articles about Fair Use: http://www.copyright.gov/title17/92chap1.html#107 http://en.wikipedia.org/wiki/Fair_use http://www.publaw.com/work.html http://www.nolo.com/article.cfm/objectID/C3E49F67-1AA3-4293-9312FE5C119B5806/310/276/240/ART/ The following article by the Electronic Frontier Foundation discusses Fair Use and Digital Rights Management—a topic that goes well beyond the scope of this video. However, I think it s a very important article and encourage you to read it. https://www.eff.org/IP/DRM/?f=fair_use_and_drm.html A portion of the article does relate to this video. In particular, The EFF points out that the following activities would be illegal were it not for the Fair Use Doctrine: • whistling a tune while walking down the street (public performance) • cutting out a New Yorker cartoon and posting it on your office door (public display) • photocopying a newspaper article for your files (reproduction) • quoting a line from The Simpsons in an email to a coworker (reproduction) • reverse engineering of computer code (reproduction) • "time-shifting" a radio or television program (reproduction) • playing an excerpt of Roy Orbison's "Pretty Woman" in a copyright law course (public performance) • quoting from a novel in a review (reproduction) Section 107 of the Copyright law states: "the fair use of a copyrighted work. . . for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include — " 1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; a. Is it the use for commercial purposes? b. Does it fall within the purpose of the Fair Use exception? ((1) criticism and comment, (2) parody and satire, (3) scholarship and research, (4) news reporting and (5) teaching) c. Is the use transformative or merely derivative? 2. the nature of the copyrighted work a. Informational work (factual articles) is more likely to be ruled fair use than works of fiction/literature/music b. Was the work being copied previously published? If it was unpublished then Courts are more likely to find a fair use violation. They assume that the author did not want the work published. 3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole: In general, the smaller the portion of the work copied, the more likely the use is fair use. In certain instances, you can copy entire works without violating copyright—videotaping movies for time-shifting purposes is allowed when doing it for your personal viewing. On the other hand, the use of 400 words from President Ford's 200,000 word memoir were viewed as copyright infringing because those words represented the "heart of the book" 4. The effect of the use upon the potential market for or value of the copyrighted work. (Probably the most important factor). If the copied work reduces demand for the original work because people view it as a substitute for the original work then this factor will weigh as copyright infringing. But a stinging criticism that makes the author of the original work look like a fool, and thus reduces the demand for the original work in the marketplace would fall within Fair Use. Citing the source you copied from will prevent accusations of plagiarism, but it will not protect you from a claim of copyright infringement. This is the DMCA, which has largely gutted the Fair Use doctrine: http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000512----000-.html
YouTube | September 30, 2007
