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| | [[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 unauthorized copying of someone else's works for limited purposes or in limited ways. It is based on free speech rights provided by the First Amendment to the United States Constitution. | + | '''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. |
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| | 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. |
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| | '''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'''. |
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| | + | 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; |
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| | ''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) |
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| − | [[Court]]s are still entitled to consider other factors as well.
| + | 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. |
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| | == Images == | | == Images == |
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| | 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. |
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| − | Faithful reproductions of two-dimensional original works cannot attract copyright in the U.S. according to the rule in ''Bridgeman Art Library v. Corel Corp''. | + | 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''. |
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| − | In order to preserve the legal rights of the copyright holder, a tag like the following one should be placed accompanying the image in question. | + | In Conservapedia, a tag like the following one should be placed accompanying the image in question. |
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