Copyright Fair Use and Online Images – Sara F. Hawkins Attorney at Law
For more, check out the Fair Use FAQ for Educators here from the .. Getty Images have no relationship with the J. Paul Getty Trust and . Can students read published books aloud, record themselves & publish recording on class blog? .. I am a classroom computer teacher, and our curriculum is teaching. Discover the core areas of fair use, allowing for the lawful usage or One chapter or up to 5% - whichever is greater – of a book or similar publication; One . universities. There is close relation in between fair use and economic condition of that country. .. embodied in print media, audio and video media, and computer media, among others. publishing textbooks or, in rare cases, monographs.
The Ninth Circuit Court of Appeals held that using the copy for comparative advertising was a public service, and even though Bleem made the copies for commercial reasons, the purpose of the copies weighed in favor of fair use because the comparative advertising served the public interest. Here are some specific copying projects that a court determined to be against fair use.
A copy store copying small parts of books and journals for class course packs because the store was a profit enterprise like most businesses. This relation or connection will be explained in that section.
The 'Fair Use' Rule: When Use of Copyrighted Material Is Acceptable
Nature of the Material Copied Copyright protects materials that have a minimum level of creativity See 3. Created by a machine, the graph serves only to chart pure data. Because there is no creativity or even an artist rendering the graph, it cannot be protected by copyright. Now progress to something slightly more creative like a telephone directory.
The published facts, i. In no event may the copyright extend to the facts themselves. At the other end of the spectrum, you have highly creative materials, poetry, music, paintings, sculptures, plays, movies, and fictional work like novels and short stories.
In the middle you have material such as nonfiction, scientific articles, historical accounts, and research in general.
Material like this is certainly more creative than telephone book listings, but this factor usually still favors fair use. Amount of the Material Copied The more you copy and the closer the copy is to the original, the less likely it will be fair use. This is only one factor in four. This factor considers both the quantitative and the qualitative value of the materials that are copied. Copying the materials essence or heart is therefore tantamount to copying the entire portion.
The nature of both the copy and the original makes a difference in weighing this factor. If the material copied is photos, images, or audiovisual works, e.
If the nature of the copy is transformative or productive, like a parody, then copying the entire portion of the original is also less significant. There are no hard-line numerical limits to how much of the material you can copy.
Here are some opinions that rule the following portions of copying are too much and weighing this factor against fair use: Entire copy of movies on video recorders. The analysis of the amount copied factor is different depending on the first factor purpose of the copy and second factor nature of the original. How much have sales of the original work been affected because of competition from the copies?
More than that, it also takes into consideration the hypothetical harm on that market and the potential market if the infringing copies were a widespread and unrestricted practice. For any real or potential harm to a market, the copied product should be in the same market as the original product. The copied product should, to some extent, be a substitution for the original product.
Parodies establish a different market than the original. If the purpose of the copy is commercial and profits are sought in the same market by using identical or closely identical products, then adverse commercial effect is presumed. Not only that, but the factor of commercial effect becomes the most important factor of the four. The Supreme Court writes, Thus, although every commercial use of copyrighted material is presumptively an unfair exploitation of the monopoly privilege that belongs to the owner of the copyright, noncommercial uses are a different matter.
A challenge to a noncommercial use of a copyrighted work requires proof either that the particular use is harmful or that if it should become widespread, it would adversely affect the potential market for the copyrighted work.
Actual present harm need not be shown; such a requirement would leave the copyright holder with no defense against predictable damage.
Nor is it necessary to show with certainty that future harm will result. What is necessary is a showing…that meaningful likelihood of future harm exists. If the intended use is for commercial gain, that likelihood may be presumed. But if it is for noncommercial purpose, the likelihood must be demonstrated.
What market is the copyright holder targeting? Is there even any effort to sell the original product? Is there any viable permissions market? But even if the copyright holder has never sold permission licenses, widespread and unrestricted copying could certainly harm a potential market. Suggested Guidelines for Navigating the Commercial Effect Factor In education, some guidelines may help individuals with a copy project navigate through some unknown variables of the commercial effect factor analysis.
It is possible to keep this factor weighing on the side of fair use by taking certain precautions. Avoid copies that you intend to distribute widely that might supplant or substitute for a product that would normally be purchased at a college bookstore or other traditional college vendor. Do not post any copies on the World Wide Web with open access. This has the effect of publishing the product.Intro to desktop publishing
If anything can harm a market, being able to get the product for free online is likely to. Avoid making copies for any commercial or profit-making pursuit. As long as you are not selling copies of the original product, the actual market for the original product is not likely to be harmed. Remember that free copies can still harm a market if they are widely copied and distributed.
In copy or display projects where it appears to be a struggle qualifying for fair use, i. One of the many terrific things about copyright is that it comes with a host of exclusive rights that allow the owner to do or authorize a number of things and exercise substantial control over his or her work. Copyright does not apply to works in the public domain; words, names, slogans or short phrases those may have protection in trademark law ; blank forms; works that are not original; and government works.
Using the correct image can definitely take a post from drab to fab very quickly. There are plenty of sources.
While stock photo services require you to pay for a license and creative commons licenses confer the right to use an image under certain circumstances they DO NOT restrict, reduce, or limit any rights with regard to exceptions or limitations under copyright law such as Fair Use or fair dealing.
The 'Fair Use' Rule: When Use of Copyrighted Material Is Acceptable | jogglerwiki.info
A creative commons licensor may not understand that Fair Use is still applicable and exists alongside their license and may choose to pursue what is a legitimate use.
What About Fair Use? Fair use is not the same as free use. Fair Use is a balancing between protecting the creator and promoting the interests of the public.
Therefore, your right to use the copyrighted image would likely be permitted under fair use. Imagine not being able to use images of a dead dictator to tell the story of how he died. However, there are limits and only a court has the final decision-making ability. Section of the Copyright Act states: When it comes to photographs, copyright law has a long-standing deference to permit a photographer control over the first time an image is made public.
One of the issues with photos is that using just part of it is, well, a bit ridiculous. Unlike the written or spoken word, where excerpting a portion to illustrate is possible, with images it is usually the whole that is necessary. Same with using a very low-resolution option.
Fair use has nothing to do with attribution.