Fair Use

I had just written the post on Creative Commons https://okaloosamls.wordpress.com/2023/02/07/creative-commons/ with that idea of collaboration I now wanted to write one on what is Fair Use.

This the definition that comes up on google linking to wiki “Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder.”

Further below on google results are the four factors by Stanford but also Columbia. The picture on this post featured image is of the Marble Card I made to help promote the fair use understanding with a link pointing to the clearest breakdown to my mind which is to this link https://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/

  • Factor 1: The Purpose and Character of the Use.
  • Factor 2: The Nature of the Copyrighted Work.
  • Factor 3: The Amount or Substantiality of the Portion Used.
  • Factor 4: The Effect of the Use on the Potential Market for or Value of the Work.
  • Resources. https://copyright.columbia.edu/basics/fair-use.html

“Commentary and Criticism

If you are commenting upon or critiquing a copyrighted work—for instance, writing a book review—fair use principles allow you to reproduce some of the work to achieve your purposes. Some examples of commentary and criticism include:

  • quoting a few lines from a Bob Dylan song in a music review
  • summarizing and quoting from a medical article on prostate cancer in a news report
  • copying a few paragraphs from a news article for use by a teacher or student in a lesson, or
  • copying a portion of a Sports Illustrated magazine article for use in a related court case.

The underlying rationale of this rule is that the public reaps benefits from your review, which is enhanced by including some of the copyrighted material. Additional examples of commentary or criticism are provided in the examples of fair use cases.

Parody

A parody is a work that ridicules another, usually well-known work, by imitating it in a comic way. Judges understand that, by its nature, parody demands some taking from the original work being parodied. Unlike other forms of fair use, a fairly extensive use of the original work is permitted in a parody in order to “conjure up” the original.

IN THIS SECTION:

The content for the Copyright and Fair Use Overview section is from NOLO, with much of it taken from the book Getting Permission (October 2016) by Richard Stim. Thanks!”

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