Fair Use of Copyrighted Material
Judges, attorneys and intellectual law experts alike have difficulty defining the term fair use in copyright law. The term fair use is used to exempt certain activities using music, books and other materials protected by copyrights. Congress included language on fair use exemptions in sections 107-118 of Title 17 of the U.S. Code. Even with provisions for interpreting fair use, courts are the final arbiters for what is considered copyright infringement in the United States. Comedians, educators and reporters should learn everything they can about fair use before using copyright-protected materials.
Other People Are Reading
-
Fair Use Determinants
-
Copyright laws detail four factors in determining the fair use of protected materials. The first hurdle for artists and teachers is to prove that the use of copyrighted works is for non-commercial purposes. Another factor is determining the nature of the copyright work, a vague determinant that is often interpreted differently within local and circuit courts. Satirists and reporters have to tread carefully when using copyrighted materials to avoid harming the reputation of the work and the copyright holder. The final determinant is whether use of copyrighted material affects the value of this work on the open market.
Scholarly Uses
-
A quick peek into a classroom or a scholarly journal shows that copyrighted material is used commonly in education. Copyright holders cannot seek damages from professors, elementary school teachers and researchers who use minor portions of their work in an educational setting. A scholar can take a paragraph from a book and a school teacher can use clips from a popular movie without legal recourse. Schools and academic presses meet all four criteria for fair use as long as they do not profit directly from the excerpted material or harm the earning ability of copyright holders.
-
Parody
-
Fair use provisions under U.S. copyright law allow reviewers, comedians and entertainers to parody protected works. Unlike UK copyright laws that error on the side of the protected party, U.S. copyright law embodies the protection of free speech in the First Amendment. Bill Maher of HBO's Real Time and entertainers like Al Yankovic use parodies of protected works to express their interpretations of certain ideas. Each parody is judged on its own merits but courts look at the similarities between parodies and protected works as well as the intent of the parody when deciding infringement cases.
Accidental Exposure
-
TV reporters and anchors do not need to worry about getting clearance for copyrighted material when they are doing live shots. U.S. copyright law includes the inclusion of small snippets of TV, radio and movie materials into the background of news reports as part of its fair use provisions. This interpretation of fair use is designed to keep journalists focused on their stories without dealing with copyright clearances for seconds of protected work.
Protection of Expression
-
U.S. copyright law is designed to protect expressions and interpretations of ideas instead of the core ideas themselves. A philosopher can protect his own research on the meaning of gift-giving in ancient cultures but cannot copyright the idea of gift-giving. This distinction helps clear up copyright infringement cases where the holder claims control over an idea rather than a unique expression of this idea.
-
Resources
- Photo Credit Photo by Woody (Flickr)
