Professional Documents
Culture Documents
-Adapted
from Brad Templetons Ten Big Myths About Copyright Explained and Fair Use Harbor http://www.stfrancis.edu/cid/copyrightbay/fairuse.htm
WHAT IS COPYRIGHT?
http://mediaeducationlab.com/music-videocopyright-whats-copyright
The exclusive right of the creator of a work to control who can make copies or make works derived from the original work.
BUT..
COPYRIGHT MYTHS
If it doesnt have a copyright notice, its not copyrighted. If its on the Internet, its public domain Only if it is stated explicitly
FAIR USE
Fair Use allows you to use copyright materials without permission or payment when the BENEFIT of society outweighs the COST to the copyright owner.
FAIR USE
Fair use is using a portion of a copyright work for the purpose of criticism, news reporting, scholarship or education without permission of the author.
http://www.whatiscopyright.org
FAIR USE
Fair use was intended to protect your right to comment on someone elses copyrighted work or to educate about the work. (i.e., reporter, movie critic)
http://mediaeducationlab.com/music-videousers-rights-section-107
Purpose and Character of the Use Transformative quality Have you changed the original material, using it in a new and different way? Purpose - Are you using the work for criticism, commentary, news reporting, scholarship or education? Commercial Will you be making money from the new material? Or is it intended for nonprofit, educational purposes?
Nature of the Work Fair use is more likely to be covered when the original work is factual rather than creative, although the courts have held this factor less important when the copied work is TRANSFORMATIVE.
Amount and substantiality used Generally, use only a portion of the work General rule of thumb = Use only as much as necessary Do not use the heart of the work
Are you using the copied work in a way that substitutes for the original work in the market? Am I profiting from use of the work? Am I providing a way for others to distribute the work unethically?