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Topic: Fair use

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In the News (Thu 18 Apr 19)

  Fair use - Wikipedia, the free encyclopedia
Fair use tempers copyright's exclusive rights to serve the purpose of copyright law, which the U.S. Constitution defines as the promotion of "the Progress of Science and useful Arts" (I.1.8).
On appeal, the 9th Circuit Court of Appeals found that the thumbnails were fair use and remanded the case to the lower court for trial after issuing a revised opinion on July 7, 2003.
Because of the deliberate ambiguity of fair use, it is commonly misunderstood.
en.wikipedia.org /wiki/Fair_use   (3809 words)

 Wikipedia:Fair use - Wikipedia, the free encyclopedia
In general, the use of copyrighted work without the permission of the copyright holder is copyright infringement, and is illegal.
The less of the original that is used in relation to the whole the more likely that use is fair, though the importance of the specific portion is also considered (as the quoting the most important part may attempt to "supersede" the original).
If the image is used in more than one article, it is preferable that individual articles are assessed individually with a separate template box used for each article reviewed, as future edits to a particular article may render fair use claims as void.
en.wikipedia.org /wiki/Wikipedia:Fair_use   (3745 words)

 EFF: Fair Use FAQ
Fair use allows consumers to make a copy of part or all of a copyrighted work, even where the copyright holder has not given permission or objects to your use of the work.
Fair use is decided by a judge, on a case by case basis, after balancing the four factors listed in section 107 of the Copyright statute.
On this view, fair use is the space which the U.S. copyright system recognizes between the rights granted to copyright holders and the rights reserved to the public, where uses of works may or may not be subject to copyright protection.
www.eff.org /IP/eff_fair_use_faq.php   (906 words)

 Fair use - Encyclopedia Dramatica   (Site not responding. Last check: 2007-10-21)
The purpose and character of the use: this considers whether the use is one of those which is traditionally thought of as a fair use.
For example, works used for academic purposes, for parody or satire, or for critical analysis of the original work are almost always held to be a "fair" use.
The court also considers whether a use is "for profit" or not; uses by which the alleged infringer stands to profit are less likely to be held fair.
www.encyclopediadramatica.com /index.php/Fair_use   (965 words)

 Fair Use   (Site not responding. Last check: 2007-10-21)
Although the Fair Use provision is in the Coypright Act, prior to the 1990s, it was seldom invoked outside of academic circles.
The Fair Use provision and the four factors to be considered in a fair use analysis were dramatically fleshed out in the 2 Live Crew case.
This is not a pure ratio test in that using a whole work may be fair use in some circumstances, whereas using a tiny fraction of a work not qualify for fair use in other circumstances.
www.benedict.com /info/law/fairUse/fairUse.aspx   (596 words)

 U.S. Copyright Office - Fair Use
One of the more important limitations is the doctrine of “fair use.” Although fair use was not mentioned in the previous copyright law, the doctrine has developed through a substantial number of court decisions over the years.
The distinction between “fair use” and infringement may be unclear and not easily defined.
When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of “fair use” would clearly apply to the situation.
www.copyright.gov /fls/fl102.html   (345 words)

 Fair Use - UC Copyright Web Site
The "fair use" doctrine embodied in the Fair-Use Statute Section 107 of the 1976 Copyright Act, allows reproduction and other uses of copyrighted works under certain conditions for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research for educational and research purposes.
If a proposed use falls outside the limits of these two guidelines, you should analyze the particular facts of your situation against the four factors of fair use in order to conclude that the copyright activity is permitted.
Therefore, the four factors of fair use need to be evaluated, and, if necessary, a campus OTT Copyright Contact may be consulted for assistance in determining whether the contemplated use may be fair.
www.universityofcalifornia.edu /copyright/fairuse.html   (937 words)

 Fair Use and Copyright for Teachers
Fair use explicitly allows use of copyrighted materials for educational purposes such as criticism, comment, news reporting, teaching, scholarship, and research.
Purpose of use: Copying and using selected parts of copyrighted works for specific educational purposes qualifies as fair use, especially if the copies are made spontaneously, are used temporarily, and are not part of an anthology.
The times between the decision to use the material and the occasion to use it in the classroom must be so close together that a timely request for permission from the author could not be made.
home.earthlink.net /~cnew/research.htm   (2125 words)

 Stanford Copyright & Fair Use - Fair Use
Fair use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials forpurposes of commentary and criticism.
If it's not a fair use, then you are infringing upon the rights of the copyright owner and may be liable for damages.
To help you get a feel for which uses courts consider to be fair uses and which ones they don't, we provide several examples of fair use lawsuits at the end of this chapter.
fairuse.stanford.edu /Copyright_and_Fair_Use_Overview/chapter9   (335 words)

 Fair Use Guidelines for Educational Multimedia
Fair use is a legal principle that provides certain limitations on the exclusive rights** of copyright holders.
The purpose of these guidelines is to provide guidance on the application of fair use principles by educators, scholars and students who develop multimedia projects using portions of copyrighted works under fair use rather than by seeking authorization for non-commercial educational uses.
Uses that exceed these guidelines may or may not be fair use.
www.adec.edu /admin/papers/fair10-17.html   (2449 words)

 Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web - UMUC   (Site not responding. Last check: 2007-10-21)
Fair use is the most significant limitation on the copyright holder's exclusive rights.
The use of copyrighted works for nonprofit or educational purposes is more likely to be considered fair use.
Using something over a period of years is not within the spirit of the guidelines.
www.umuc.edu /library/copy.html#whatc   (2039 words)

 The Learning Page-Getting Started: Copyright
Fair use is an exception to the exclusive protection of copyright under American law.
What's fair use in a public school is probably fair use in a non-profit private school.
If you wish to use material that is NOT in the public domain, and for which copyright protection exists, then your copying is more likely to be considered fair if it is spontaneous ("Gee, I saw this last night at home on my computer and it would be great for tomorrow's class!").
memory.loc.gov /ammem/ndlpedu/start/cpyrt   (1898 words)

 Writer's Encyclopedia--Letter F   (Site not responding. Last check: 2007-10-21)
Fair use is usually determined by these four factors: (1) the purpose and character of the use—for example, commercial or not-for-profit educational; (2) the nature of the copyrighted work; (3) the amount used in proportion to the copyrighted work as a whole; and (4) the effect on the market value of the copyrighted work.
Using this method, one considers length of sentences and of words to determine the complexity of a passage.
The "loyalty" formula, often used in heroic adventures, emphasizes cooperation and camaraderie in joint survival efforts; the "boy-into-man" formula depicts a young person's growth in responsibility and maturity in a crisis; and the "redemption" formula plots a protagonist struggling to recover his courage.
www.writersmarket.com /encyc/f.asp   (10167 words)

 Fair Use in a Nutshell
If there is any doubt whether a proposed use is fair, seek permission or seek the advice of a qualified professional.
Fair use is not a simple test, but a delicate balancing of interests.
If the use diminishes the market for the copyrighted work (or portions of it), including revenues from licensing fees, it is probably not a fair use.
copylaw.com /new_articles/fairuse.html   (691 words)

 Fair Use and DRM
Fair use serves a crucial role in limiting the reach of what would otherwise be an intolerably expansive grant of rights to copyright owners.
Fair use is limited to those uses that the courts have previously affirmed, and new uses cannot evolve.
If fair use is to continue to evolve, to create space for free expression, innovation and new uses of copyrighted works, DRM technologies must somehow accommodate the ambiguity of fair use.
www.eff.org /IP/DRM/fair_use_and_drm.html   (3794 words)

 Current Issues and Resources: Fair Use - UMUC   (Site not responding. Last check: 2007-10-21)
The new significance of the four fair use factors as applied to parody: Interpreting the court's analysis in Campbell v.
Using Software: A Guide to the Ethical and Legal Use of Software for Members of the Academic Community, January 1992.
Guidelines for the creation of Multimedia Projects, Distance Learning, and the use of Digital Images were offered in the CONFU report: Final Report to the Commissioner on the Conclusion of the Conference on Fair Use, November 1998.
www.umuc.edu /distance/odell/cip/links_fairuse.html   (1862 words)

 Multimedia Fair Use Guidelines (CCUMC)
Fair use is a legal principle that defines the limitations on the exclusive rights** of copyright holders.
Uses that exceed these guidelines may nor may not be fair use.
These guidelines apply to the use, without permission, of portions of lawfully acquired copyrighted works in educational multimedia projects which are created by educators or students as part of a systematic learning activity by nonprint educational institutions.
www.utsystem.edu /ogc/intellectualproperty/ccmcguid.htm   (2578 words)

 Fair Use of Copyrighted Materials
The CONFU Fair Use Guidelines for Educational Multimedia suggest that fair use requires adherence to specific numerical portion limits, that copies of the multimedia work that includes the works of others should be strictly controlled, and that fair use "expires" after 2 years.
The Fair Use Guidelines for Electronic Reserve Systems describe general limitations on the scope of materials that should be included, citation and notice requirements and access, use, storage and reuse of reserve materials.
But a nonprofit educational use that is also criticism, for example, the inclusion by a faculty member of a quote from another's work in a scholarly critique, would weigh even more in favor of fair use: about 6 or 7.
www.utsystem.edu /OGC/IntellectualProperty/copypol2.htm   (4081 words)

 Fair Use
The Fair Use statutes are intended to allow for free appropriation in certain cases of parody or commentary.
The beauty of the Fair Use Doctrine is that it is the only nod to the possible need for artistic freedom and free speech in the entire copyright law, and it is already capable of overriding the other restrictions.
Court cases of appropriation which focus on Fair Use and its need to be updated could begin to open up this cultural quagmire through legal precedent.
www.negativland.com /fairuse.html   (1947 words)

 Fair Use in Copyright (BitLaw)
Although the doctrine of fair use was originally created by the judiciary, it is now set forth in the Copyright Act.
First Factor (purpose and character of the use): In analyzing the first factor, the copying party used the quotations in a for-profit newspaper (and therefore the use was for commercial gain).
However, the fact that the purpose of the use was to review or criticize the work is a fact favorable to a finding of fair use.
www.bitlaw.com /copyright/fair_use.html   (1320 words)

 Chilling Effects Clearinghouse: Copyright and Fair Use
Fair use is codified at Section 107 of the Copyright Act, which gives a non-exclusive set of four factors courts will consider in deciding whether a use is fair or not.
the effect of the use on the potential market for or value of the copyrighted work.
Of course, even with these factors, it is problematic and often unyielding to try to predict what uses a court will deem fair.
www.chillingeffects.org /fairuse   (204 words)

 [No title]
Factor 4: Effect of the Use on the Market
Alter your planned use of the copyrighted works.
The Copyright Management Center is not part of University Counsel and is not legal counsel to the university or to any members of the university community.
www.copyright.iupui.edu /fairuse.htm   (109 words)

 [No title]
Introduction to Checklist for Fair Use pdf version
Please complete and retain a copy of this form in connection with each possible "fair use" of a copyrighted work for your project.
Reasonably available licensing mechanism for use of the copyrighted work
www.copyright.iupui.edu /checklist.htm   (159 words)

 Copyright Website - Online Copyright Registration Service and Copyright Information Portal   (Site not responding. Last check: 2007-10-21)
Whether you want to protect your own work by using our Copyright Wizard to file a Copyright Registration with the US Copyright Office, or check out the legal hijinks of the movie, recording and software industries, you've come to the right place!
Use our interactive Copyright Wizard to file a Copyright Registration for your Website, Screenplay, Song, Software, Article, Artwork or Video online!
See the notorious fights over copyright on the big screen.
www.benedict.com /info/fairUse/fairUse.asp   (219 words)

 Stanford Copyright & Fair Use Center
by Richard Stim, J.D. How I Learned to Love FAIR USE
by Mary Minow, J.D., A.M.L.S. Sign Up for Stanford's Fair Use Monthly Newsletter!
Fair Use Legislation Alerts, Opinion Summaries, Articles and More!
fairuse.stanford.edu   (201 words)

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