Difference between revisions of "Fair use"
(add) |
|||
| Line 1: | Line 1: | ||
[[Image:Flowers bloom in the Rose Garden.jpg|thumb|220px|White House Pic]] | [[Image:Flowers bloom in the Rose Garden.jpg|thumb|220px|White House Pic]] | ||
| − | '''Fair use''' is a doctrine in the United States [[copyright]] law that permits | + | '''Fair use''' is a doctrine in the United States [[copyright]] law that permits copying of someone else's works without asking permission; there are rules when it applies. It is based on free speech rights provided by the First Amendment to the United States Constitution. |
The most common form of fair use is copying for educational purposes and without earning a profit. Another common type of fair use is news reporting. | The most common form of fair use is copying for educational purposes and without earning a profit. Another common type of fair use is news reporting. | ||
| Line 10: | Line 10: | ||
'''17 U.S.C. § 107. Limitations on exclusive rights: Fair use''' | '''17 U.S.C. § 107. Limitations on exclusive rights: Fair use''' | ||
<br> | <br> | ||
| − | :Notwithstanding the provisions of sections 106 and 106A [17 USCS §§ 106 and 106A], the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, 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-- | + | :Notwithstanding the provisions of sections 106 and 106A [17 USCS §§ 106 and 106A], '''the fair use of a copyrighted work''', including such use by reproduction in copies or phonorecords or by any other means specified by that section, 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-- | ||
::<br>(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; | ::<br>(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; | ||
::<br>(2) the nature of the copyrighted work; | ::<br>(2) the nature of the copyrighted work; | ||
| Line 20: | Line 22: | ||
''In short, we must often... look to the nature and objects of the selections made, the quantity and value of the materials used, and the degree in which the use may prejudice the sale, or diminish the profits, or supercede the objects, of the original work.'' (Folsom v. Marsh, 9 F. Cas. 342 (1841) | ''In short, we must often... look to the nature and objects of the selections made, the quantity and value of the materials used, and the degree in which the use may prejudice the sale, or diminish the profits, or supercede the objects, of the original work.'' (Folsom v. Marsh, 9 F. Cas. 342 (1841) | ||
| − | + | Courts almost never rule against fair use for educational uses. The exception comes when the goal is to avoid students' buying multiple copies of a textbook or similar item. | |
== Images == | == Images == | ||
| Line 26: | Line 28: | ||
It is believed that the use of low-resolution images to illustrate a non-profit work qualifies as fair use under United States copyright law. | It is believed that the use of low-resolution images to illustrate a non-profit work qualifies as fair use under United States copyright law. | ||
| − | Faithful reproductions of two-dimensional original works cannot | + | Faithful reproductions of two-dimensional original works cannot themselves be copyrighted in the U.S. according to the rule in ''Bridgeman Art Library v. Corel Corp''. |
| − | In | + | In Conservapedia, a tag like the following one should be placed accompanying the image in question. |
Revision as of 03:46, August 9, 2009
Fair use is a doctrine in the United States copyright law that permits copying of someone else's works without asking permission; there are rules when it applies. It is based on free speech rights provided by the First Amendment to the United States Constitution.
The most common form of fair use is copying for educational purposes and without earning a profit. Another common type of fair use is news reporting.
Fair use is not needed when the material is in the "public domain". Facts are always in the public domain--they cannot be copyrighted (only the way they are phrased can be copyrighted).
Fair use is established by this federal statute:
17 U.S.C. § 107. Limitations on exclusive rights: Fair use
- Notwithstanding the provisions of sections 106 and 106A [17 USCS §§ 106 and 106A], the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, 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;
(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.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
In short, we must often... look to the nature and objects of the selections made, the quantity and value of the materials used, and the degree in which the use may prejudice the sale, or diminish the profits, or supercede the objects, of the original work. (Folsom v. Marsh, 9 F. Cas. 342 (1841)
Courts almost never rule against fair use for educational uses. The exception comes when the goal is to avoid students' buying multiple copies of a textbook or similar item.
Images
It is believed that the use of low-resolution images to illustrate a non-profit work qualifies as fair use under United States copyright law.
Faithful reproductions of two-dimensional original works cannot themselves be copyrighted in the U.S. according to the rule in Bridgeman Art Library v. Corel Corp.
In Conservapedia, a tag like the following one should be placed accompanying the image in question.
| Copyright Details | |
| License: | Fair use |
| Source: | <source>
|
| Author: | <author> |
| Conservapedia notes: | 
|
| User notes: | <optional:user notes> |
| License reason: | <reason> |
| Please do not add this image to a userbox or to your user page. Any instance will be removed. | |
| If you think this image is incorrectly licensed you may discuss this on the image's talk page. | |
See also
External links
- Stanford University Libraries. Copyright FAQs]
- FAIR USE - PUBLIC DOMAIN
- Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code.
- Fair use - U.S. Copyright Office.
Further reading
- Stephen Fishman. The Copyright Handbook: What Every Writer Needs to Know (2008) excerpt and text search
- Mary LaFrance. Copyright Law in a Nutshell (2008)