why do you think it hard to know if fair use will apply in a particular instance? course hero

What is fair use and how does it work?

The less creative the material that is copied the less important it is when considering Fair Use. -Amount of the Material that is Copied- Essentially the more amount you copy the closer it becomes to the original and the harder it will become to argue Fair Use.

Why do authors use fair use in writing?

Jul 07, 2017 · Why do you think it hard to know if fair use will apply in a particular instance Q: hi there, could you please help me in these questions please. Explain a bona fide occupational requirement in the contex

Do I need to make a fair use assessment?

Sep 22, 2018 · What is your understanding of fair use? Why do you think it hard to know if fair use will apply in a particular instance? Discuss the relationship between copyright law and freedom of expression, and describe some examples from current …

What does not qualify as fair use?

Mar 22, 2018 · Why do you think it hard to know if fair use will apply in a particular instance? Discuss the relationship between copyright law and freedom of expression, and describe some examples from current media. 150 words; Question: What is your understanding of fair use? Why do you think it hard to know if fair use will apply in a particular instance?

What is the most important factor in determining whether a copyright is fair?

The purpose and character of your intended use of the material involved is the single most important factor in determining whether a use is fair under U.S. copyright law. The question to ask here is whether you are merely copying someone else's work verbatim or instead using it to help create something new.

What is non commercial use?

Non-commercial use weighs heavily in favor of finding that the infringement is fair use. Violations often occur when the use is motivated primarily by a desire for commercial gain. The fact that a work is published primarily for private commercial gain weighs against a finding of fair use.

What are some examples of quotes?

Writers, academics, and journalists frequently need to borrow the words of others. Sooner or later, almost all writers quote or closely paraphrase material that someone else has written. For example: 1 Andy, putting together a newsletter on his home computer, reprints an editorial he likes from a daily newspaper. 2 Phil, a biographer and historian, quotes from several unpublished letters and diaries written by his subject. 3 Regina, a freelance writer, closely paraphrases two paragraphs from the Encyclopedia Britannic a in an article she's writing. 4 Sylvia, a poet, quotes a line from a poem by T.S. Eliot, by way of homage, in one of her own poems. 5 Donnie, a comedian, writes a parody of a famous song that he performs in his comedy act.

What is copyright law?

Copyright law bestows certain exclusive rights on creators. For example, under 17 U.S. Code § 106, copyright holders have the exclusive right to reproduce their work, create derivative works, and perform the work publicly. But these exclusive rights are not absolute. The doctrine of fair use creates important exceptions.

What is a parody?

Parody: Parody is a work that ridicules another, usually well-known, work by imitating it in a comic way. A comedian could quote from a movie star's speech in order to make fun of that star. There are several factors that a court will consider when determining whether an instance of infringement qualifies as fair use.

Is it fair to publish unpublished work?

When it comes to fair use, unpublished works are inherently different from published works. Publishing an author's unpublished work before he or she has authorized it infringes upon the author's right to decide when and whether the work will be made public.

Do writers borrow the words of others?

Writers, academics, and journalists frequently need to borrow the words of others. Sooner or later, almost all writers quote or closely paraphrase material that someone else has written. For example:

What are the four factors of fair use?

The four Fair Use factors. Characteristics that would point towards Fair Use: Characteristics that would point towards Infringement: 1. Purpose and character of your use of the work. Noncommercial, educational, scholarly, newsworthy, or transformative. Commercial and/ or entertainment.

How to determine if a copyright is fair?

To determine whether a specific use under one of these categories is "fair," courts are required to consider the following factors: 1 the purpose and character of the use#N#including whether such use is of a commercial nature or is for nonprofit educational purposes 2 the nature of the copyrighted work 3 the amount and substantiality of the portion used in relation to the copyrighted work as a whole#N#is it long or short in length, that is, are you copying the entire work, as you might with an image, or just part as you might with a long novel 4 the effect of the use upon the potential market for or value of the copyrighted work.

What is the nature of copyrighted work?

the nature of the copyrighted work. the amount and substantiality of the portion used in relation to the copyrighted work as a whole. is it long or short in length, that is, are you copying the entire work, as you might with an image, or just part as you might with a long novel. the effect of the use upon the potential market for or value ...

What is the purpose of Section 107?

Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use. To determine whether a specific use under one ...

Why is fair use important?

For all its vagueness and unpredictability, fair use is a critical safety valve. It ensures that you and I can communicate our ideas and comment on the culture around us. It prevents copyright owners from overreaching (for example, censoring comments they don’t like) — but only if we use it.

How to determine if a copyright is fair?

Section 107 includes four factors to be considered in determining whether or not a particular use is fair: 1 The purpose and character of the use.#N#(More likely to be fair if the use is noncommercial and “transformative” — the original is, in effect, turned into a new work with a different purpose.) 2 The nature of the copyrighted work.#N#(More likely to be fair if the copied work is factual, as opposed to creative.) 3 The amount and substantiality of the portion used in relation to the copyrighted work as a whole.#N#(More likely to be fair if the amount taken is small or not central to the copied work, but sometimes copying the entire work is fair.) 4 The effect of the use upon the market or the potential market for the copyrighted work.#N#(More likely to be fair if the new work doesn’t compete with the copied work in the marketplace. That is, the new work isn’t a substitute for the original.)

What is the nature of copyrighted work?

The nature of the copyrighted work. (More likely to be fair if the copied work is factual, as opposed to creative.) The amount and substantiality of the portion used in relation to the copyrighted work as a whole. (More likely to be fair if the amount taken is small or not central to the copied work, but sometimes copying the entire work is fair.) ...

Is it okay to use a dartboard?

Because fair use is so fact-specific, you can’t say things like noncommercial use is always okay. In fact, after analyzing 60 federal fair use cases from 1994 through 2002, copyright scholar David Nimmer concluded that “had Congress legislated a dartboard rather than the particular four fair use factors embodied in the Copyright Act, it appears that the upshot would be the same.”

Is copyrighted work fair use?

Fair use is unpredictable. There are no rules that say, for instance, if you use less than 10% of a copyrighted work you’re in the clear, or that if a use is commercial it can never be fair use. But that unpredictability also means, at times, that copying an entire copyrighted work will be a fair use, even when the use is commercial.

Is fair use a copyright?

This right is subject to an important limitation known as the doctrine of fair use, which is part of the current Copyright Act ( see 17 USC § 107 ). “Fair use should not be considered a bizarre, occasionally tolerated departure from the grand conception of the copyright monopoly. To the contrary, it is a necessary part of the overall design.”.

Why is fair use important?

Fair use is designed to ensure that the rights of copyright holders are properly balanced with the First Amendment’s freedom of expression and with the need to use copyrighted ...

Why do journalists use fair use?

News reporters often use fair use when they show previously created content in order to create historical context for breaking news or other current events.

Who is Denise George?

Denise George is an Assistant Professor and the Education Librarian at Georgia State University. Her research interests include the evolving role of open and affordable course content in higher education. She holds an MMU from Georgia State University and an MLIS from Valdosta State University.

Can you use copyrighted content without permission?

Fair use can be applied under certain conditions and is determined on a case by case basis. If fair use applies, then copyrighted content may be used without payment or permission. How can fair use help us with freedom of expression and with progress?

What is fair use?

A fair use is the copying of copyrighted material for the purposes of comment, criticism, or parody. In a nutshell, a fair use constitutes copying of material for a “transformative” reason.

Can you copyright transformative material?

You’re allowed to use copyrighted material for transformative purposes, but be careful of how much you take and what ideas you might be accidentally stealing . If you keep that in mind, you’ll be fine.

Is copyrighted material fair use?

The law does not state an exact quantity of copyrighted material you can use fairly, but generally speaking, the more you use, the less likely it is to constitute fair use. For example, if you lift entire sections of writing from a medical article, that’s probably not going to fly as a fair use.