What is and is not fair use
If you are not sure if a use you want to make of a work is fair use, the safest course is to secure permission from the copyright owner. Copyright litigation can be expensive and there are a lot of gray areas in fair use law. Gambling on a favorable judicial decision on fair use
What should I do if I’m not sure if a use I want to make of a work is fair use? Read More »
Yes. A searchable database of fair use decisions is available online. The U.S. Copyright Office maintains a database of judicial decisions on fair use called the “Fair Use Index .” It is searchable.
Does a searchable database of fair use decisions exist? Read More »
Yes. Fair use is not the only defense or exemption from copyright liability that allows the use of copyrighted material without permission. Several other exemptions and defenses exist. Some of these have been enacted into law by Congress. Some have been established by the Copyright Office pursuant to statutory authority, such as the Copyright Office’s
No. The Copyright Act allows people to photograph and draw buildings that are visible in public places without incurring liability for copyright infringement.
Yes, The owner of a copy of a computer program may make an archival copy of it. This is one of the statutory exemptions from copyright infringement liability.
Can the owner of a copy of a computer program make an archival copy of it? Read More »
The first sale doctrine allows the owner of a lawfully acquired, physical copy of a work to sell, lend, or give away that particular copy without the copyright owner’s permission. This is why selling copies of your old books at a garage sale does not expose you to liability for infringing the copyright owner’s exclusive
What is the first sale doctrine? Read More »
Showing a movie for entertainment purposes may require a license. A license may not be necessary, though, if the showing is for educational purposes, it is part of face-to-face teaching activities in a nonprofit educational institution, in a classroom or similar location devoted to educational instruction, and the copy of the movie being shown was
No. Use for educational purposes often is fair use, but that is not always the case. If a teacher makes photocopies of a textbook and distributes them to his students in lieu of purchasing copies or requiring the students to purchase their own copies of the book, it will have a very negative effect on
Is educational use always fair use? Read More »
Many people incorrectly believe that bright-line numerical rules exist to determine how much copying of a work is fair use. This is a misconception. The substantiality of the portion copied also has to be considered. Copying even a couple of bars of a song may tip the scales against fair use if those bars are
No. Crediting the author can be good practice but it does not obviate the need for fair use analysis or permission.
Does crediting the author make a use of a work fair use? Read More »
