cheyenne_h on 02/24/2015 at 11:00AM
We know copyright is in need of some, ahem, reforms. But did you know that there's some wiggle room built in to the US Copyright Statute? This Thursday's Radio Free Culture will have a whole show dedicated to it. But until then, you might want to check out some of the resources, musings, and more related to fair use! The official definition of Fair Use is as follows:
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 four factors to be considered in determining whether or not a particular use is fair.
- The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
- The nature of the copyrighted work
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole
- The effect of the use upon the potential market for, or value of, the copyrighted work
But that's not very exciting, is it? Here are some ways that it's generally safe to use things that are still under copyright:
- Criticism and comment -- for example, quoting or excerpting a work in a review or criticism for purposes of illustration or comment.
- News reporting -- for example, summarizing an address or article, with brief quotations, in a news report.
- Research and scholarship -- for example, quoting a short passage in a scholarly, scientific, or technical work for illustration or clarification of the author's observations.
- Nonprofit educational uses -- for example, photocopying of limited portions of written works by teachers for classroom use.
- Parody -- that is, a work that ridicules another, usually well-known, work by imitating it in a comic way.
Here are some examples of Fair Use in action!
Remixing Charlie Brown comics to include Smiths lyrics: http://thischarmingcharlie.tumblr.com/
Removing Garfield from the famous comic strip to reveal Jon Arbuckle's strange inner monologue: http://garfieldminusgarfield.net/
Taking a critical and satirical look at news clips:
And, of course, this guy:
For tons more, check out Harvard's Fair Use tumblr.