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What is

Fair Use

???

"Fair Use" allows people to copy part of a copyrighted work even without the copyright holder's permission.

How does it fit within the context of copyright law?

Copyright law does not give copyright holders complete control of their works

The public is able to make "fair uses"

of copyrighted works for creative uses of music,

literature, movies, etc....

Fair Use reduces tension between copyright law

and the First Amendment's guarantee of freedom of expression.

Fair Use is decided by courts on a case to case basis

after balancing four factors...

1. PURPOSE

  • Transformative
  • Commercial/Noncommercial

You transform the work in a new or different way

or noncommercial?

nonprofit, educational, or personal

is more likely to be considered fair use

2. NATURE of copyrighted work

A particular use is more likely to be considered fair when the copied work is factual rather than creative .

3. AMOUNT

of the portion used

How much of the copyrighted work did you use in the new work? Copying nearly all of the original work, or copying its “heart,” may weigh against fair use.

4. EFFECT

What's the effect of the use upon the potential market for or value of the

copyrighted work?

Uses of copyrighted material that serve a different

audience or purpose are more likely to be considered fair.

Give credit to your sources

from: http://www.teachingcopyright.org/

A project from the Electronic Frontier Foundation

Questions?

Check out

The Code of Best Practices in Fair Use for Media Education

centerforsocialmedia.org/medialiteracy

Is your purpose commercial?

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