Fair Use

Is your information fair use?

What is Fair Use?

  • Fair use is the limitation to exclusive rights granted by copyright law to the author of created work.
  • Permits limited use of copyright material without getting acquiring permission from the person
  • It is much more flexible but sometimes harder to understand and apply
  • The idea of transformation
photo credit - www.maximumpc.com

4 Factors that can determine Fair Use

1. The Purpose and character of the use

  • Purposes that favor fair use would be:
  1. Education, scholarship, research and news reporting
  2. Commercial or for profit reasons favor against fair use

2. The Nature of the material

  • Whether the work is published or not
  • Is the work more factual or "creative"

3. The Amount used

  • More in favor of fair use with a smaller quantity being used

4. The Effect on the market of the original piece - are you taking someone's profit?

  • Is the money going to the original person or to you?

The "Fifth Factor"

  • A piece of work is transformative if it uses a source work in a completely new, different and unexpected ways
  • For example: A parody or new technologies

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photo credit: http://blogs.wayne.edu/copyright/wp-content/blogs.dir/325/files/2013/10/fair_use_infographic.jpg