Copyright and fair use are prominent topics in today’s society where mass pirating of copyrighted material occurs. A product is considered copyrighted “when something is put into ‘tangible form’ the creator of the work owns a copyright,” (Simpson, 2005). Such tangible forms include movies, books, music, and etc. (Simpson, 2005). Therefore, “copyright is the law of the United States that protects the works of authors, artists, composers, and other from being used without permission,” (Cyberbee, n. d.). This means that if one wishes to use more than a limited amount of a copyrighted material, they will need to ask permission from the owner of the copyright (Richter, 2003). Although, one needs to be careful, because the copyright sign does not necessarily need to be present for a work to be considered copyrighted (Cyberbee, n. d.). So how does fair use play a part in the copyright law?
Fair use allows “an author may make limited use of another author's work without asking permission,” (Nolo: Law for all, 2011). If one uses copyrighted material beyond fair use, it is considered an infringement. Infringement is basically a violation of the copyright law; although, it’s been stated that “the distinction between fair use and infringement may be unclear and not easily defined,” (United State Copyright Office, 2009). To avoid the possibly of an infringement, there are guidelines that need to be followed under the fair use doctrine.
First off, there are four questions one must consider when using copyrighted material under the fair use doctrine: “purpose of use, nature of work, proportion/extent of the material used, and the effect on marketability,” (Newsome, 2000). Purpose of use refers to what a copyrighter material is going to be used for (i.e. education). The nature of the work deals with the type of material being used. For example, one needs to ask if the “copyrighted work published or unpublished, is the copyrighted work out of print, and is the work factual or artistic,” (University of Maryland University College [UMUC], 2011).
The next point to consider is the amount of copyrighted material being used. However, allowed amounts depend on the type and length of material. For instance, ten percent or thirty seconds of a song may be used (depending on which one is less) (Information Technology Evaluation Services: Public Schools of North Carolina, 1997).
Many countries have adopted a fair usage policy within their copyright laws, ‘Fair dealing’ in United Kingdom law, ‘fair dealing’ in Canada and the ‘United States doctrine of fair use’ to name just a few. The purpose of these policies is to give exception to copyright infringement laws when information has been copied for the purposes of non-commercial research or study, or for the reporting of current events. A document published by the UK intellectual property office: ‘Exceptions to Copyright Law - Research’, states: “The law already permitted limited copying of some types of copyright material, such as books, for non-commercial research or genuine private study. The law has now changed so that all types of copyright works are covered.” The document explains that the amount being copied is limited by the legal application of “fair dealing” and copying the whole work would not constitute as ‘fair dealing’ in this case a licence or paid subscription would be needed. However, according to Section 108 of the Copyright Act, in The USA, it is possible to obtain a whole piece of work from your library, however, certain conditions apply.
Have valid reasons for infringe another’s copyright under certain situations that are legal without permission from the copyright owner. It must be determined that the use is only for non-commercial or nonprofit purposes by considering “the nature of the copyrighted work”, “the amount and substantiality of the portion used in relation to the copyrighted work as a whole”, and “the effect of the use upon the potential market for or value of the copyrighted work” (Copyright Act). Examples include collections in libraries open to the public or related to academic research.
“Anyone else who uses copyright material in those ways will infringe copyright unless they have permission from the copyright owner or a special exception applies. One act may result in the infringement of several copyrights” (Film & Copyright, 2012, p. ...
This copyright law was created In order to keep an artists work from being exploited and used, if you wish to use it you will need permission and perhaps will have to pay
The Judges decided they wanted they didn't want to hinder anyone’s ability to be creative since that was the intention of the precedent. In turn, they determined that this would require a case-by-case analysis, and in order for them to determine if it fit the test for the fair use they had to look at a myriad of factors.
One of my art professors told the class about Richard Prince, who is a collage artist. He was sued by the photographer Patrick Cariou. Prince took Cariou’s photo and drew on them or pieced them together with other images to create his works. Some pieces were major transformation and other were minimal. Some of the artwork was deemed as falling under fair use while others were determined to be copyright infringement.
I will be defending the Fair(y) Use Tale and there are a lot of facts to prove that the Fair(y) Use Tale is not copyright infringement. Fair use shows a bunch of times that this is not copyright infringement like the length of clips it's kind of like a remix it cites where it gets it from in a way and it is educational. That is what we will be talking about to defend Eric Faden.Here is are a the reasons why i think it is not copyright infringement. One reason Fair(y) Use Tale is not doing copyright infringement is its only using small clips of disney. . The Fair(y) Use Tale is educational so it can't be copyright infringement. The first thing I will cover is what fair use really is. The doctrine that brief excerpts of copyrighted material may,
The defendant is innocent by the claim of fair use. Professor Faden claims his use of Disney Studio’s movie clips is fair use. The purpose of using the clips was to teach students about fair use. In 1984 the court case Universal City Studios v. Sony Corp. , Universal Studios sued Sony Corp. for their Betamax recorder, which allowed public to record whole episode of a TV show. While the technology allowed people to record whole episodes of a show it was ruled fair use because the purpose in which the device was being used was good. The device did not deprive the copyright owners of revenue. People weren't selling the recorded tapes they were just watching them later. So take this court case ruling and apply it to this one. Professor Faden’s purpose is to teach and his using of Disney’s works isn't taking away their profit.
8. Samuelson, Pamela. Copyright’s fair use doctrine and digital data, Association for Computing Machinery., Communications of the ACM; vol. 37, Issue 1; New York, 1994. p. 22.
Walt Disney Studios is suing Professor Faden for infringing its copyright by using Disney clips in “A Fair(y) Use Tale.” Professor Faden claims he did not infringe Walt Disney Studios copyright. He took bits and pieces of Disney movies and made a video of all the clips that he used for fair use. Faden was using pieces of Walt Disney Studios movies for educational purposes, and never broke the copyright laws, therefore, it was noninfringing. The definition of fair use is a legal doctrine that portions of copyrighted materials may be used without permission of the copyright owner provided the use is fair and reasonable, does not substantially impair the value of the materials, and does not curtail the profits reasonably expected by the owner. He didn’t use a whole movie from Disney, just
I am claiming fair use on this video, because this video only uses short clips of their movies. Fair use is a legal doctrine, that defends against copyright. Copyright is the right to an original work, given to the original author.
...en the biggest hurdles the music industry has overcome. Thanks to iTunes and Google Music record labels and artist can reach almost anyone in the world with their music and know that their work won’t be infringed upon. In the next five years copyrights will still have the respect it has today. As technology moves along copyrights will be right behind it revising the rules and regulations to make sure that an artist intellectual property is safe and that the artist or label can receive compensatory damages for copyright infringement.
Copyright applies to more than musical works. It protects many different things. It protects musical works, literary works, dramatically works, dance works (choreography), sculptures, graphic works (maps, graphs, etc.), pictorial works, motion pictures (videotapes), sound recordings, and even computer creations (computer programs, databases). (http://askjeeves.com/copyright/html) Although there are a lot categories that can be protected by copyright, not every expression can be protected. These original expressions are not eligible for copyright protection. Ideas and discoveries are not eligible for copyright protection. A speech or music performance that is not recorded, written (in a fixed medium) is not protected. Titles are also not eligible for copyright protection. For example, if artist A writes a song titled "That Thing" and then artist B writes a totally different song, but titles the song "That Thing" also. Artist B has not infringed on the copyright law.
In its simplest terms, copyright is the U.S. government’s way of protecting the rights of anyone creating an original work, such as a play, song, poem, book, or artwork. Only the work’s original author or creator can make copies, distribute, sell, perform or adapt that work. Originally passed into law 35 years ago, the Copyright Act of 1976 has undergone many changes in the wake of advancing technology, including such changes as categorizing any work on the Internet as “published” (Copyright Act of 1976). Of
A copyright is a legal means that gives the creator of mythical, imaginative, musical, or other creative work the solitary right to publish and sell that work. Copyright owners have the right to manage the reproduction of their work, including the right to receive imbursement for that reproduction. An author may contribute or sell those rights to others, including publishers or recording corporations. Breach of a copyright is called copyright