Copyright vs Fair Use?

Daryl Pemberton

Daryl Pemberton

Helping other entrepreneurs one pixel at a time

Copyright vs Fair Use: What You Need to Know

Copyright is a legal right that protects original works of authorship, such as books, music, movies, and software. It gives the copyright owner the exclusive right to reproduce, distribute, perform, display, and create derivative works from the copyrighted work.

Fair use is a legal doctrine that allows limited use of copyrighted material without permission from the copyright owner. Fair use is often used by journalists, educators, and researchers to quote or cite copyrighted material in their work.

The four factors that courts consider when determining whether a use is fair use are:

  1. The purpose and character of the use, including whether it is commercial or noncommercial 
  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
  4. The effect of the use on the potential market for or value of the copyrighted work

No one factor is determinative, and courts will weigh all four factors in each case. However, some uses are more likely to be considered fair use than others. For example, uses that are for noncommercial purposes, such as education or research, are more likely to be considered fair use than uses that are for commercial purposes.

Here are some examples of fair use:

  • A teacher quoting a passage from a book in a classroom lecture
  • A news reporter using a copyrighted photo to illustrate a news story
  • A scholar analyzing a copyrighted poem in a research paper
  • A parody that uses copyrighted material to make a new point or comment
  • A review that uses copyrighted material to critique or evaluate a work

Here are some examples of copyright infringement:

  • Posting a copyrighted song on your website without permission from the copyright owner
  • Selling T-shirts with copyrighted images on them
  • Distributing unauthorized copies of a copyrighted movie
  • Creating a derivative work from a copyrighted work without permission from the copyright owner

 

If you are accused of copyright infringement, you may be able to defend yourself by arguing that your use of the copyrighted material was fair use. However, it is important to note that fair use is a complex legal doctrine, and there is no guarantee that your use will be considered fair.

If you are using copyrighted material in your work, it is important to be aware of the copyright laws and the fair use doctrine. By understanding these principles, you can help to protect yourself from copyright infringement claims.

Here are some additional resources on copyright and fair use:

  • The Copyright Office website: https://www.copyright.gov/
  • The Fair Use Doctrine: https://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/
  • The Copyright Clearance Center: https://www.copyright.com/

Here are some additional considerations for fair use:

  • The amount and substantiality of the portion used in relation to the copyrighted work as a whole. This factor considers how much of the copyrighted work was used, and how important that portion is to the work as a whole. For example, using a small portion of a copyrighted work for a critical review is more likely to be considered fair use than using a large portion of the work for a commercial purpose.
  • The effect of the use on the potential market for or value of the copyrighted work. This factor considers whether the use of the copyrighted material will harm the market for the original work. For example, using a copyrighted song in a commercial advertisement is more likely to harm the market for the song than using it in a critical review.

The fair use doctrine is a complex and nuanced area of law. If you are unsure whether your use of copyrighted material is fair use, it is always best to consult with an attorney.

Here are some tips for avoiding copyright infringement:

  • Always get permission from the copyright owner before using their material.
  • If you are unsure whether you need permission, err on the side of caution and don’t use the material.
  • If you do use copyrighted material, be sure to cite the source and give credit to the copyright owner.
  • Use as little of the copyrighted material as possible.
  • Use the copyrighted material for a noncommercial purpose.

By following these tips, you can help to protect yourself from copyright infringement claims.

matterport iguide

Matterport vs Iguide

Matterport vs Iguide What are the differences between Matterport & Iguide If you are a real estate agent or a photographer looking for a way

Read More »
review of dehancer

DEHANCER Plugin Review

DEHANCER Plugin Review Review of Dehancer Plugin for Adobe Premiere If you are a fan of film photography and want to recreate the look and

Read More »
Copyright vs fair use

Copyright vs Fair Use?

Copyright vs Fair Use? Copyright vs Fair Use: What You Need to Know Copyright is a legal right that protects original works of authorship, such

Read More »

Share this:

Like this:

Like Loading...