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
4 Factors that can determine Fair Use
1. The Purpose and character of the use
- Purposes that favor fair use would be:
- Education, scholarship, research and news reporting
- 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