What is copyright fair use Copyright is defined

What is copyright & fair use? Copyright is defined as the legal right to be the only one to reproduce, publish, and sell a book, musical recording, etc. , for a certain period of time. (http: //www. merriam-webster. com/dictionary/copyright) Fair use is defined as a legal doctrine that portions of copyrighted materials may be used without permission of the copyright owner provided the use is fair and reasonable, does not substantially impair the value of the materials, and does not curtail the profits reasonably expected by the owner. (http: //www. merriam-webster. com/dictionary/fair use)

What is covered by copyright? Copyright and fair use covers many things like; pictures, movies, music and software. While it does not cover; ideas, facts, discoveries, titles, names, phrases, slogans or works of the U. S. government, however state and local government works are covered.

How does Fair use work? Fair use says that portions of copy written material may be used for criticism, comment, news reporting, teaching, or research. Since fair use cover such a wide range of items, let’s look at them in relation to pictures & graphics.

Determining Fair Use Factors There are four commonly used factors: The purpose and character of your use The nature of the copyrighted work The amount and substantiality of the portion taken The effect of the use upon the potential market 1. 2. 3. 4.

The Purpose & Character of Your Use Did you use the material to make something new or did you just copy? You must add value to the original by adding new features to it.

The Nature of The Copyrighted Work Because passing factual information to the masses benefits the public you may have a little more leeway to copy from fact based works rather than fiction based. Also, you are afforded more leeway if the work has been published rather than not published as it is all ready available to the public.

The Amount and Substantiality of the Portion Taken The less you take the better, however you must be careful not to copy the “main part” or the focus of the work

The Effect of the Use Upon the Potential Market Does your use keep the copyright owner from making their potential amount of money? Don’t try to make money off of some one else’s work.

Let’s Test Our Knowledge You are designing a calendar for a class project and find a picture you would like to use from the internet. Can you use it?

Answer Yes, because it is for a class project, however you should still cite the website you found the picture on.

Let’s Test Our Knowledge Can I post my finished calendar on the internet?

Answer Yes, but make sure to cite your pictures origins.

Let’s Test Our Knowledge A friend wants to buy my calendar and use it at his business.

Answer No, you can not make money from the art work unless you receive written permission.

References http: //plagiarism. umf. maine. edu/copyright/fair_use. html http: //www. utsystem. edu/ogc/Intellectual. Property/copypol 2. htm http: //www. unc. edu/~unclng/public-d. htm http: //fairuse. stanford. edu