Friday, May 14, 2010

Fair Use Friday: An Old Favorite - Fair(y) Use Tale

This explanation of copyright and fair use has been viewed almost 10 million times on YouTube, so you've probably seen it.   But it's great and fits in well with my two previous fair use video posts here and  here.

Reminder, fair use is an unsettled field, expensive to litigate, be careful out there from the US Code Chapter 17 (the Copyright Act): 

§ 107. Limitations on exclusive rights: Fair use

How Current is This? Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

(1) the purpose and character of the use, 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; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

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