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Fair use
Fair use
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The growth of distance education programs has increased the need for instructors and students to have access to electronic versions of copyrighted materials. Although the materials are available, instructors and students must be judicious in their use and distribution of the works protected by copyright law. The copyright law provides protection to authors against others using their creations without their permission by granting authors with exclusive rights to the use and distribution of their works. However, exceptions to the law were introduced through the implementation of the fair use doctrine. Fair use provides specific guidelines for legal use of copyrighted works. Unfortunately, ambiguity on how to apply the law and exceptions continue to challenge the end users, particularly in distance education. This paper will compare and contrast two scenarios in reference to the application of the fair use doctrine. The analysis will carefully review the facts provided by the scenarios and apply the fair use guidelines to determine if the exceptions of the law support the use of the copyrighted materials. The two scenarios being analyzed are:
Scenario 1: A staff member
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Neal (2011) asserts, “fair use is a more general and ambiguous exception included in the law as a defense against claims of inappropriate uses of a work” (p. 169). Courts apply four measures to determine if the use of a work is protected by the exceptions established by the fair use doctrine. These are: (1) the purpose and character of the use, (2) nature of the work, (3) the amount of the material used, and (4) the impact on the market (U.S. Copyright Office, circular 21, p. 2). These measures are carefully reviewed and applied on a case-by-case basis when an author accuses a user of committing copyright
Plagiarism of Electronic material has been very difficult to detect in the past, but new technology has made detecting electronic plagiarism of material such as Internet content, online databases, and e-books possible. Educational institutions are now able to check content submitted by students’ using software such as DupliChecker and Turnitin, which check work against current and archived web pages and databases of previously submitted student work consisting of journals, assignments and essays. Students can also take an active part by checking their work using similar software made available to the public.
Prior to the enactment of the Statute of Anne in 1710, the idea of copyright law, remained in the private law context, was in hands of profit-making stationers' company who only served to uphold their own interests in printing the materials. The Statute of Anne deeply affected the American law of copyright (Patterson, 1965) marking the beginning of copyright in a public context. Although the Statute itself had handful of loopholes like it only governed the printing of books and did not stipulate any means to identify the author, it was still often referred as the most authoritative legislation document because of its groundbreaking, historical impact on its protection to the natural and property rights of authors. In my essay, the Copyright Ordinance in Hong Kong will be illustrated to show that it succeeded the spirit of Statute of Anne, favoring the vigorous and prospering development creative work in our city. I would also suggest some ways to amend the Law in the modern circumstances where Web 2.0 Communication Tools reinvented the creative industry significantly.
In the 1988 case Hustler v. Falwell, the Supreme Court decided that Copyright protection for parody is considered to be protected by the First Amendment. (Hustler v. Falwell, 1988)
Copyright and fair use laws are laws that allow for creators of works to have rights to their creations. But, they also allow the free use of works, in the effort to get your point across. Fair use can be defined as the doctrine that brief excerpts of copyrighted material may, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder. This doctrine shows how the general public is available to reproduce copyrighted material without acquiring consent. While, this is true, we are only allowed to reproduce part of the information, not the entirety of the work. These can include news reporting, teaching purposes,
One of my art professors told the class about Richard Prince, who is a collage artist. He was sued by the photographer Patrick Cariou. Prince took Cariou’s photo and drew on them or pieced them together with other images to create his works. Some pieces were major transformation and other were minimal. Some of the artwork was deemed as falling under fair use while others were determined to be copyright infringement.
Over the past decade the societal view of creative society has greatly changed due to advances in computer technology and the Internet. In 1995, aware of the beginning of this change, two authors wrote articles in Wired Magazine expressing diametrically opposed views on how this technological change would take form, and how it would affect copyright law. In the article "The Emperor's Clothes Still Fit Just Fine" Lance Rose hypothesized that the criminal nature of copyright infringement would prevent it from developing into a socially acceptable practice. Thus, he wrote, we would not need to revise copyright law to prevent copyright infringement. In another article, Entitled "Intellectual Value", Esther Dyson presented a completely different view of the copyright issue. She based many her arguments on the belief that mainstream copyright infringement would proliferate in the following years, causing a radical revision of American ideas and laws towards intellectual property. What has happened since then? Who was right? This paper analyzes the situation then and now, with the knowledge that these trends are still in a state of transformation. As new software and hardware innovations make it easier to create, copy, alter, and disseminate original digital content, this discussion will be come even more critical.
I will be defending the Fair(y) Use Tale and there are a lot of facts to prove that the Fair(y) Use Tale is not copyright infringement. Fair use shows a bunch of times that this is not copyright infringement like the length of clips it's kind of like a remix it cites where it gets it from in a way and it is educational. That is what we will be talking about to defend Eric Faden.Here is are a the reasons why i think it is not copyright infringement. One reason Fair(y) Use Tale is not doing copyright infringement is its only using small clips of disney. . The Fair(y) Use Tale is educational so it can't be copyright infringement. The first thing I will cover is what fair use really is. The doctrine that brief excerpts of copyrighted material may,
Walt Disney Studios is suing Professor Faden for infringing its copyright by using Disney clips in “A Fair(y) Use Tale.” Professor Faden claims he did not infringe Walt Disney Studios copyright. He took bits and pieces of Disney movies and made a video of all the clips that he used for fair use. Faden was using pieces of Walt Disney Studios movies for educational purposes, and never broke the copyright laws, therefore, it was noninfringing. The definition of fair use is a legal doctrine that portions of copyrighted materials may be used without permission of the copyright owner provided the use is fair and reasonable, does not substantially impair the value of the materials, and does not curtail the profits reasonably expected by the owner. He didn’t use a whole movie from Disney, just
“Anyone else who uses copyright material in those ways will infringe copyright unless they have permission from the copyright owner or a special exception applies. One act may result in the infringement of several copyrights” (Film & Copyright, 2012, p. ...
The courts would weigh out the four factors when evaluating fair use, Most of the time when fair use defense is set is when the violation is disapproved, or studied. The general guidelines that could be useful but not precise in every situation towards examining fair use: (1) a usage that takes some of the unusual work. (2) Making sure the reproduc...
First off, there are four questions one must consider when using copyrighted material under the fair use doctrine: “purpose of use, nature of work, proportion/extent of the material used, and the effect on marketability,” (Newsome, 2000). Purpose of use refers to what a copyrighter material is going to be used for (i.e. education). The nature of the work deals with the type of material being used. For example, one needs to ask if the “copyrighted work published or unpublished, is the copyrighted work out of print, and is the work factual or artistic,” (University of Maryland University College [UMUC], 2011).
Some information uses, like citing written material, for instance, cannot be limited by copyright laws. Citing a written material from the internet is universally acceptable, and therefore copyright laws cannot control access to these resources (Samuel 775). Direct quotation of text is also common practice on the internet; this, if correctly referenced then the user gets full access to the information without any limitations. Any copyright laws covering such material will then have no effects on the user of the data, making copyright laws even more ineffective when used on the
Since the inception of the Internet, copyright laws have become unclear. Sharing material online has led to an unfortunate amount of piracy of copyrighted works, intentionally and unintentionally. Understanding how to navigate the murky waters of copyright infringement is essential, especially in the field of education. Teaching students to understand the difference between copyright infringement, and fair use can help to alleviate the adverse effects of copyright violations, which occur all too often in our society. Recognizing the difference between these two terms and having the ability to apply them to everyday choices that people make online can help promote digital
particular interest to educators is the “fair use” doctrine, which extends a get-out-of-jail-free card (so to speak) to anyone using copyrighted...
Copyright infringement is a major issue with media ethics. Many people confuse copyright infringement with trademark infringement (Miller, 2012). However, copyright infringement is when someone unlawfully uses a particular work that is protected by copyright law. These works can include: movies, pictures, songs, albums, artwork, pieces of literature, and newspapers. There is no reason for any of the previous to be copyright infringed, because there are ways to correctly cite all of them as sources, without illegally copyright infringing them. Most people simply do not use their resources to help them with their citing.