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Topic: Fair use



  
 Fair use - Wikipedia, the free encyclopedia
On appeal, the 9th Circuit Court of Appeals found that the thumbnails were fair use and remanded the case to the lower court for trial after issuing a revised opinion on July 7, 2003.
Fair use tempers copyright's exclusive rights to serve the purpose of copyright law, which the U.S. Constitution defines as the promotion of "the Progress of Science and useful Arts" (I.1.8).
The term "fair use" is unique to the United States; a similar principle, fair dealing, exists in some other common law jurisdictions.
http://en.wikipedia.org/wiki/Fair_use   (3809 words)

  
 Stanford Copyright & Fair Use - Fair Use
Fair use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials forpurposes of commentary and criticism.
If it's not a fair use, then you are infringing upon the rights of the copyright owner and may be liable for damages.
Unfortunately, if the copyright owner disagrees with your fair use interpretation, the dispute will have to be resolved by courts or arbitration.
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9   (335 words)

  
 Fair Use and Copyright for Teachers
Wrongful use of the material gives the copyright owner the right to seek and recover compensation in a court of law.
Administrators are prohibited from instigating fair use exemption for specific copyright material for classroom purposes.
Purpose of use: Copying and using selected parts of copyrighted works for specific educational purposes qualifies as fair use, especially if the copies are made spontaneously, are used temporarily, and are not part of an anthology.
http://home.earthlink.net/~cnew/research.htm   (2125 words)

  
 Fair use - Encyclopedia Dramatica
What they may or may not realize is that fair use does not come in to play until a judgement has been reached in court that states there was actual infringement to begin with.
However, in cases of widespread infringement (for example, peer-to-peer filesharing), the courts will some times consider the aggregate effect in determining whether or not a use is fair.
What exists in such works, at least in the U.S. where an author's so-called "moral" rights are unrecognised, is a phantom copyright: very few uses, apart from printing someone's jernal and selling it, are likely to be held unfair, and so it will be almost impossible for the copyright holder to successfully defend their copyright.
http://www.encyclopediadramatica.com/index.php/Fair_use   (965 words)

  
 Fair Use - UC Copyright Web Site
If it is unclear whether a particular use is permitted under fair use, you should consider obtaining permission to use the work from the copyright owner.
If a proposed use falls outside the limits of these two guidelines, you should analyze the particular facts of your situation against the four factors of fair use in order to conclude that the copyright activity is permitted.
Therefore, the four factors of fair use need to be evaluated, and, if necessary, a campus OTT Copyright Contact may be consulted for assistance in determining whether the contemplated use may be fair.
http://www.universityofcalifornia.edu/copyright/fairuse.html   (937 words)

  
 Fair Use in a Nutshell
Remember that fair use is a "defense" to copyright infringement, not a right.
If the use diminishes the market for the copyrighted work (or portions of it), including revenues from licensing fees, it is probably not a fair use.
Only a court can determine with authority whether a particular use is a fair use.
http://copylaw.com/new_articles/fairuse.html   (691 words)

  
 Fair Use Guidelines for Educational Multimedia
Fair use is a legal principle that provides certain limitations on the exclusive rights** of copyright holders.
While only the courts can authoritatively determine whether a particular use is fair use, these guidelines represent the participants'**** consensus of conditions under which fair use should generally apply and examples of when permission is required.
The purpose of these guidelines is to provide guidance on the application of fair use principles by educators, scholars and students who develop multimedia projects using portions of copyrighted works under fair use rather than by seeking authorization for non-commercial educational uses.
http://www.adec.edu/admin/papers/fair10-17.html   (2449 words)

  
 Writer's Encyclopedia--Letter F
Fair use is usually determined by these four factors: (1) the purpose and character of the use—for example, commercial or not-for-profit educational; (2) the nature of the copyrighted work; (3) the amount used in proportion to the copyrighted work as a whole; and (4) the effect on the market value of the copyrighted work.
According to the Federal Rules of Criminal Procedure, cameras and broadcasting equipment may not be used in federal courts, except in the case of a ceremony.
Fictionalization is used as a means of protecting the source, the writer and the publication from lawsuits.
http://www.writersmarket.com/encyc/f.asp   (10167 words)

  
 Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web - UMUC
Fair use is the most significant limitation on the copyright holder's exclusive rights.
Educators can avoid copyright violations and legally use copyrighted materials if they understand and comply with the fair use guidelines.
The use of copyrighted works for nonprofit or educational purposes is more likely to be considered fair use.
http://www.umuc.edu/library/copy.html#whatc   (2039 words)

  
 Current Issues and Resources: Fair Use - UMUC
Eldred's aftermath: Tradition, the copyright clause, and the constitutionalization of fair use.
Patry, W. The Fair Use privilege in copyright law.
Fair Use of Copyrighted Materials from the Copyright Crash Course
http://www.umuc.edu/distance/odell/cip/links_fairuse.html   (1862 words)

  
 Fair Use and DRM
Fair use is limited to those uses that the courts have previously affirmed, and new uses cannot evolve.
Fair use serves a crucial role in limiting the reach of what would otherwise be an intolerably expansive grant of rights to copyright owners.
Often legal commentators are tempted to restrict their discussion of fair use to the uses that have been tested in published court decisions.
http://www.eff.org/IP/DRM/fair_use_and_drm.html   (3794 words)

  
 Chilling Effects Clearinghouse: Copyright and Fair Use
Fair use is codified at Section 107 of the Copyright Act, which gives a non-exclusive set of four factors courts will consider in deciding whether a use is fair or not.
For more information, see the Frequently Asked Questions about Copyright and Fair Use.
Chilling Effects Clearinghouse > Copyright and Fair Use > Home
http://www.chillingeffects.org/fairuse   (204 words)

  
 Fair Use
The beauty of the Fair Use Doctrine is that it is the only nod to the possible need for artistic freedom and free speech in the entire copyright law, and it is already capable of overriding the other restrictions.
Court cases of appropriation which focus on Fair Use and its need to be updated could begin to open up this cultural quagmire through legal precedent.
Today, this kind of encouragement for our natural urge to remix culture appears only vaguely within the copyright act under the "Fair Use" doctrine.
http://www.negativland.com/fairuse.html   (1947 words)

  
 Fair Use of Copyrighted Materials
There is one special provision of the law that allows a court to refuse to award any damages at all if it so chooses, even if the copying at issue was not a fair use.
If you have a "contract pending," digitize and use the image in accordance with these Rules of Thumb until the license is finalized and you have received the licensed digital image.
Maybe it is reasonable to simply throw up our hands and say, "What's the use?" After all, many legal scholars, politicians, copyright owners and users and their lawyers agree that fair use is so hard to understand that it fails to provide effective guidance for the use of others' works today.
http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm   (4081 words)

  
 Copyright Website - Online Copyright Registration Service and Copyright Information Portal
Whether you want to protect your own work by using our Copyright Wizard to file a Copyright Registration with the US Copyright Office, or check out the legal hijinks of the movie, recording and software industries, you've come to the right place!
Use our interactive Copyright Wizard to file a Copyright Registration for your Website, Screenplay, Song, Software, Article, Artwork or Video online!
See the notorious fights over copyright on the big screen.
http://www.benedict.com/info/fairUse/fairUse.asp   (219 words)

  
 [No title]
Please complete and retain a copy of this form in connection with each possible "fair use" of a copyrighted work for your project.
Reasonably available licensing mechanism for use of the copyrighted work
Individuals and organizations should consult their own attorneys.
http://www.copyright.iupui.edu/checklist.htm   (159 words)

  
 [No title]
Alter your planned use of the copyrighted works.
How to Secure Permission to Use Copyrighted Works
The Copyright Management Center is not part of University Counsel and is not legal counsel to the university or to any members of the university community.
http://www.copyright.iupui.edu/fairuse.htm   (109 words)

  
 Stanford Copyright & Fair Use Center
by Mary Minow, J.D., A.M.L.S. Sign Up for Stanford's Fair Use Monthly Newsletter!
Fair Use Legislation Alerts, Opinion Summaries, Articles and More!
by Richard Stim, J.D. How I Learned to Love FAIR USE
http://fairuse.stanford.edu   (201 words)

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