This project will help media literacy educators understand their rights under the doctrine of fair use in order to help them more effectively use media as an essential part of their teaching. Fair use is intended to support teaching, research, and scholarship, but educational purpose alone does not make every use of a work fair.
It is always important to analyze how you are going use a particular work against the following four factors of fair use. Copyright Office provides a fact sheet. The following two charts can provide helpful information on deciding if you are using copyrighted material fairly.
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Connect from Off-Campus Hours Contact. Search this Guide. Citing Sources. Guidelines for Fair Use Guidelines for Print Materials Single Chapter from a book A single article from a journal issue or newspaper A short story, essay, or poem from an individual work. Fair use means the limited use of copyrighted materials. It allows the legal right to create a limited amount of copies of a copyrighted material without requesting permission from the copyright owner or making royalty payments.
Four criteria that determine if the use of the material is for fair use are the nature of the material, amount of the material being used, purpose of the use and how the use affects the market for the original material. For instance, the use of factual data -- a "nature" element -- is likely to be considered fair use. It is also likely to be considered fair use if just one page is being copied, as the amount of material is limited.
Use of the material for a nonprofit purpose would probably also be allowed. Use that has little to no impact on the commercial market for the original material also falls under fair use. Copyrights do expire; when that happens, the material is considered part of the public domain. For example, copyrights expire 70 years after the death of the copyright owner.
Some materials are not protected by a copyright, including comprehensive lists like those found in the telephone book and standard, common works, such as a calendar. Ideas, facts and processes aren't protected by copyright, but they can be patented in some cases.
Non-commercial use weighs heavily in favor of finding that the infringement is fair use. Violations often occur when the use is motivated primarily by a desire for commercial gain. The fact that a work is published primarily for private commercial gain weighs against a finding of fair use. For example, using the Bob Dylan line "You don't need a weatherman to know which way the wind blows" in a poem published in a small literary journal would probably be a fair use; using the same line in an advertisement for raincoats probably would not be.
Similarly, a use that benefits the public or that lends to education also weighs heavily in favor of a finding of fair use. For example, in its advertising a vacuum cleaner manufacturer was permitted to quote from a Consumer Reports article comparing vacuum cleaners. The ad significantly increased the number of people exposed to the Consumers Reports' evaluations and thereby disseminated helpful consumer information. The same rationale probably applies to the widespread practice of quoting from favorable reviews in advertisements for books, films, and plays.
There are five basic considerations to keep in mind when deciding whether or not a particular use of an author's work is a fair use. These are the same considerations likely to weigh on the mind of a judge:. The purpose and character of your intended use of the material involved is the single most important factor in determining whether a use is fair under U.
The question to ask here is whether you are merely copying someone else's work verbatim or instead using it to help create something new. Without consent, you ordinarily cannot use another person's protected expression in a way that impairs or even potentially impairs the market for his or her work. For example, say Nick, a golf pro, writes a book on how to play golf. He copies several brilliant paragraphs on how to putt from a book by Lee Trevino, one of the greatest putters in golf history.
Because Nick intends his book to compete with and hopefully supplant Trevino's, this use is not a fair use. Some people mistakenly believe that they can use any material as long as they properly give the author credit.
Not true. Giving credit and fair use are completely separate concepts. Either you have the right to use another author's material under the fair use rule, or you do not.
The fact that you attribute the material to the other author does not change that. Having said that, crediting your source will decrease the chances of litigation, since the original author may feel that he or she received appropriate credit. The more material you lift from the original, the less likely it is that your use will be considered a fair use.
As a broad standard, never quote more than a few successive paragraphs from a book or article, take more than one chart or diagram, include an illustration or other artwork in a book or newsletter without the artist's permission, or quote more than one or two lines from a poem.
Contrary to what many people believe, there is no absolute word limit on fair use. For example, copying words from a work of words wouldn't be fair use. However, copying 2, words from a work of , words might be fair. It all depends on the circumstances. To preserve the free flow of information, authors are given more leeway when using material from factual works scholarly, technical, or scientific works than works of fancy, such as novels, poems, and plays.
The more important the material is to the original work, the less likely your use of it will be considered fair. In one famous case, The Nation magazine obtained a copy of Gerald Ford's memoirs before their publication.
In the magazine's article about the memoirs, only words from Ford's ,word manuscript were quoted verbatim.
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