Fair Use

Digital Communication

Fair Use Facts

- Fair use is the limitation to exclusive rights granted by copyright law to the author of created work

- Permits limited use of copyrighted material without getting acquiring permission from the person

- It is much more flexible but sometimes harder to understand and apply

- The idea of transformativeness

There are 4 factors that can determine if it is for fair use

Four Factors Of 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