Loading presentation...

Present Remotely

Send the link below via email or IM

Copy

Present to your audience

Start remote presentation

  • Invited audience members will follow you as you navigate and present
  • People invited to a presentation do not need a Prezi account
  • This link expires 10 minutes after you close the presentation
  • A maximum of 30 users can follow your presentation
  • Learn more about this feature in our knowledge base article

Do you really want to delete this prezi?

Neither you, nor the coeditors you shared it with will be able to recover it again.

DeleteCancel

Make your likes visible on Facebook?

Connect your Facebook account to Prezi and let your likes appear on your timeline.
You can change this under Settings & Account at any time.

No, thanks

Fair Use of Copyrighted Material

No description
by

Kristen Cass

on 28 March 2014

Comments (0)

Please log in to add your comment.

Report abuse

Transcript of Fair Use of Copyrighted Material

test
Fair Use is a
DEFENSE
against
copyright infringement
Fair Use of Copyrighted Material
Remember that time we talked about copyright?
Allows protection for literary or artistic expression
Introducing...
Fair Use
of Copyrighted Works
Factor 2: The Nature of the Copyrighted Work
Look only at the
ORIGINAL
work
Factor 1: Purpose & Character
Conclusion
The Fair Use defense is a balancing test of all these factors.
Acceptable Purposes
A second person can "
infringe
" the original artist's copyright, if:
The original person holds a valid copyright
There is substantial similarity between the two works
Find the common elements
How much was taken qualitatively and quantitatively?
Are the elements ideas or expressions?
Would these lyrics
infringe the original?
Anybody know this?
What is "Fair Use"?
Parody or Satire?
Transformative?
Did the artist add new
expression
and/or meaning?
Transformative Nature
Will you make money from the use of the author's work?
Commercial Weight
Balancing the Four Factors
§107 of the Copyright Act:
The fair use of a copyrighted work . . . for purposes such as criticism, comment, news reporting, teaching, scholarship, or research,
is

not an
infringement
of copyright
.
Just because your work might fall into one of these categories doesn't mean you automatically satisfy the fair use defense. There are
four factors
that are also considered.
Purpose of the Work
What is the new work being used for? (Think back to the list in §107)
Factor 3: Amount used in relation to the original as a whole
1. Is it copyrightable?
2. What is the strength of that copyright?
highly creative = strong protection
derivative = medium protection
compilation = lowest protection
Qualitatively
Did the second take the heart/essence/theme of the first?

Quantitatively
What percentage of the first did the second take?
More creative & original works makes it more difficult for a fair use defense to be successful
COMPILATIONS
DERIVATIVES
HIGHLY CREATIVE
&
ORIGINAL
Easier to claim Fair Use
More difficult to claim Fair Use
Fair Use permits a limited use of a copyrighted work without obtaining
permission from the
original copyright owner
Fair Use
Cannot
Always Save You!
Factor 4: The effect of the use on the market
Will the second work effect the original author's market presence?
Second works that transform/comment on/criticize the original make it easier for a fair use defense to be successful
TRANSFORMATIVE
PURPOSE:
COMMENT CRITICIZE
EDUCATE
COMMERCIAL
USE
Easier to claim Fair Use
More difficult to claim Fair Use
CURRENT MARKET
DERIVATIVE MARKET
AUDIENCE
In the past decade, many peer-to-peer file-sharing sites have been shut down by the federal government for copyright infringement, unable to claim fair use.
Artist Jeff Koons used a picture of feet from a Gucci ad to make his fashion photo "Niagara"
Campbell v. Acuff Rose
Effect on
market?
Transformative?
Purpose?
The intended market for the original work
Other Factors that
may hurt a Fair Use Defense
Taking from the heart of the work
Other markets the original work could extend to
To whom does the original work appeal to
An author’s right to control the first public appearance of his undisseminated expression will outweigh a claim of fair use
The more the second work effects the original work's market presence, the less likely a Fair Use defense will be successful
LITTLE EFFECT ON
MARKET PRESENCE
MAJOR EFFECT ON
MARKET PRESENCE
Easier to claim fair use
Depriving the original author of potential income for the original work
More difficult to claim Fair Use
Flappy Bird
Mario
Mario
FB
FB
. . . is the second
Fair Use
of the first?
Fair Use helps to foster creativity. The big question is whether preventing the Fair Use would promote or stifle the progress of Science and Useful Arts
What do you think about these images?
Full transcript