FAIR USE -What is it? -Comments on Fair Use -Four-factor Balancing Test -Common Misunderstandings

What is Fair Use? Fair Use  is a law which provides some exceptions to copyright holder’s exclusive rights  a doctrine which allows a limited use of copyrighted material without requiring permission from the rights holders

What is Fair Use?  allows a person to use portions of copyrighted works under certain circumstances (education, commentary and criticisms, or parody of the work)  provides legal, non-licensed citation of copyrighted material in another’s author work under four-factor balancing test

Four-factor Balancing Test  Purpose of the use  Nature of the original work  Amount and substantiality (of material used in relation to the copyrighted work as a whole)  Effect on the use (on the market of the original)

Purpose of the Use  The use is interpreted as transformative as opposed to derivative.  A demonstration must be either advancing the knowledge or progressing the arts through addition of something new in the work.

Nature of the Original Work Facts and ideas are separate from the copyright—only their particular expression or fixation merits belong to private ownership of the work.

Amount and Substantiality  It assesses the quantity or percentage of the original copyrighted work that has been imported into the new work.  The less that is used in relatioon to the whole, the more likely that the sample will be considered fair use.

Effect on the Use  It measures the effect that the allegedly infringing use has had on the copyright owner’s ability to exploit the original work.  It assesses whether the work has significantly harm the copyright owner’s market or simply would harm the potential market of the original.

Comments on Fair Use  Factors are interactive.  Educational, non-profit use doesn’t create blanket fair use exemption.  Commercial use is much more likely to require permission.  Imaginative, unpublished work is more likely to require permission than factual, published work.

Comments on Fair Use  Using less is better than using more.  An active permission market is more likely to require permission.

Common Misunderstandings  Any use that seems fair is a fair use.  Fair use interpretations, once made, are static forever.  If it’s not fair use, it’s copyright infringement.  It’s copyrighted, so it can’t be fair use.  Acknowledgement of the source makes a fair use.

Common Misunderstandings  Non-commercial use is invariably fair.  The lack of a copyright notice means the work is public domain.  It’s okay to quote up to 300 words.  You can deny fair use by including a disclaimer.  If you’re copying an entire work, it’s not fair use.  If you’re selling for profit, it’s not fair use.

Resources  Plagiarism and Fair Use | eHow.com agiarism-fair-use.html#ixzz1DPbfJr9H agiarism-fair-use.html#ixzz1DPbfJr9H  Fair Use | wikipedia.org  Plagiarism | pppst.com

Thank You! :) Gerlan M. Junio Bachelor of Secondary Education Major in Mathematics, Minor in Physics College of Education University of the Philippines, Diliman Prepared by