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Copyright and Fair Use An issue of Justice. Copyright Copyright law gives exclusive rights and...

Date post: 23-Dec-2015
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Copyright and Fair Use An issue of Justice
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Page 1: Copyright and Fair Use An issue of Justice. Copyright Copyright law gives exclusive rights and control over what someone has created. It gives special.

Copyright and Fair Use

An issue of Justice

Page 2: Copyright and Fair Use An issue of Justice. Copyright Copyright law gives exclusive rights and control over what someone has created. It gives special.

CopyrightCopyright law gives exclusive rights and control over what someone has created. It gives special preference to things that are creative, i.e. art or fictional works. The purpose of copyright is to encourage the sharing of creative works. Copyright while exclusive is not necessarily absolute. The exceptions to this exclusivity are known as Fair Use and are included in the copyright law.

Page 3: Copyright and Fair Use An issue of Justice. Copyright Copyright law gives exclusive rights and control over what someone has created. It gives special.

Fair UseThe four considerations for fair use.– The purpose and character

of your use– The nature of the

copyrighted work– The amount and

substantiality of the portion taken

– The effect of the use upon the potential market

There are four factors used by the courts when considering disputes over fair use of copyrighted material. There is no clear cut standard for fair use and cases are decided on a case by case basis.

Page 4: Copyright and Fair Use An issue of Justice. Copyright Copyright law gives exclusive rights and control over what someone has created. It gives special.

THE PURPOSE AND CHARACTER OF YOUR USE

1. Copying of copyrighted material can done for a limited and “transformative” purpose.

2. Section 107 of the Copyright law contains a list of uses that can be considered fair. • Comment• Criticism• News Reporting• Teaching• Scholarship• Research

Page 5: Copyright and Fair Use An issue of Justice. Copyright Copyright law gives exclusive rights and control over what someone has created. It gives special.

THE NATURE OF THE COPYRIGHTED WORK

1. Are you copying from the facts of a work or are you borrowing from the creativity of another? Biographies,Histories, or Novels, Plays

2. Is the work published or unpublished? The law gives less leeway when using unpublished material because the author/creator has the right of first publication.

Parody is one use that can be considered Fair Use. A parody must hold the original up to ridicule

Page 6: Copyright and Fair Use An issue of Justice. Copyright Copyright law gives exclusive rights and control over what someone has created. It gives special.

THE AMOUNT AND SUBSTANTIALITY OF THE PORTION TAKEN

This varies depending on the work being copied.Gerald Ford’s memoir:

Harper & Row v. Nation

Page 7: Copyright and Fair Use An issue of Justice. Copyright Copyright law gives exclusive rights and control over what someone has created. It gives special.

THE EFFECT OF THE USE UPON THE POTENTIAL MARKET

Page 8: Copyright and Fair Use An issue of Justice. Copyright Copyright law gives exclusive rights and control over what someone has created. It gives special.

Creative Commons

Page 9: Copyright and Fair Use An issue of Justice. Copyright Copyright law gives exclusive rights and control over what someone has created. It gives special.

Creative Commons Licenses

Page 10: Copyright and Fair Use An issue of Justice. Copyright Copyright law gives exclusive rights and control over what someone has created. It gives special.

Google Search

Page 11: Copyright and Fair Use An issue of Justice. Copyright Copyright law gives exclusive rights and control over what someone has created. It gives special.

Google search

Page 12: Copyright and Fair Use An issue of Justice. Copyright Copyright law gives exclusive rights and control over what someone has created. It gives special.

Flickr Search

Page 13: Copyright and Fair Use An issue of Justice. Copyright Copyright law gives exclusive rights and control over what someone has created. It gives special.

Bing Search


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