Copyright Policy: Fair Use Act Disclaimer
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FAIR USE :
Copyright Disclaimer under section 107 of the Copyright Act
1976, allowance is made for “fair use” for purposes such as criticism, comment,
news reporting, teaching, scholarship, education, and research.
Fair use is a use permitted by copyright statutes that might
otherwise be infringing.
FAIR USE DEFINITION :
(Source: http://en.wikipedia.org/wiki/Fair_use)
Fair use is a doctrine in the United States copyright law that
allows limited use of copyrighted material without requiring permission from
the rights holders, such as for commentary, criticism, news reporting,
research, teaching or scholarship. It provides for the legal,
non-licensed citation or incorporation of copyrighted material in another
author’s work under a four-factor balancing test. The term “fair use”
originated in the United States. A similar principle, fair dealing, exists in
some other common law jurisdictions. Civil law jurisdictions have other
limitations and exceptions to copyright.
U.S. COPYRIGHT OFFICE-
FAIR USE DEFINITION
(Source: http://www.copyright.gov/fls/fl102.html)
One of the rights accorded to the owner of the copyright is the
right to reproduce or to authorize others to reproduce the work in copies or
phonorecords. This right is subject to certain limitations found in
sections 107 through 118 of the copyright law (Title 17, U.S. Code). One of the
more important limitations is the doctrine of “fair use”. The doctrine of
fair use has developed through a substantial number of court decisions over the
years and has been codified in section 107 of the copyright law.
Section 107 contains a list of the various purposes for which
the reproduction of a particular work may be considered fair, such as
criticism, comment, news reporting, teaching, scholarship, and research.
Section 107 also sets out in four factors to be considered in determining
whether or not a particular use is fair:
1. The
purpose and character of the use, including whether such use is of commercial
nature or is for nonprofit educational purposes
2. The
nature of the copyrighted work
3. The
amount and substantiality of the portion used in relation to the copyrighted
work as a whole
4. The
effect of the use upon the potential market for, or value of, the copyrighted
work
The distinction between fair use and infringement may be unclear
and not easily defined. There is no specific number of words, lines, or notes
that may safely be taken without permission. Acknowledging the source of the
copyrighted material does not substitute for obtaining permission.
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