Any piece of work that is in tangible form is available for copyright. What do you know about the Fair Use factor test?
Four-Factor test of Fair-Use
What is Fair-Use?
Fair Use is a process of questions that help determine if the document used is fair or is in need of a permission request from the copyrighted works.
Fair Use is a process of questions that help determine if the document used is fair or is in need of a permission request from the copyrighted works.
- What is the purpose of the use?
- What is the nature of the copyrighted work?
- How much of the work will be used?
- What is the market effect on the original work of the use?
1. Purpose of the Use
If the purpose of the document or information being used is favored for educational, personal, or nonprofit use then it is a fair use product.
Luckily, the law understands the use of copyrighted information being used for educational purposes because the first factor involves determining between commercial and educational use. The law is in favor of using information for classroom assignments, lessons, and projects. Some purposes that are mentioned in the law are criticism, news reporting, scholarly research, and teaching.
Common act of thievery
: The purpose of the use is for entertainment venture or commercial use and for a profit.
Luckily, the law understands the use of copyrighted information being used for educational purposes because the first factor involves determining between commercial and educational use. The law is in favor of using information for classroom assignments, lessons, and projects. Some purposes that are mentioned in the law are criticism, news reporting, scholarly research, and teaching.
Common act of thievery
: The purpose of the use is for entertainment venture or commercial use and for a profit.
2. Nature of copyrighted work
Using factual information is usually a factor of fair use because it is most likely published and correct. If using a non published creative works, then you may need permission from the copyrighted works.
Using published work is the safe way to go because it favors the exclusive right of a copyright holder. This way the holder can delegate who their information is being shared to and where is it being published. Dance, poetry, and painting are examples of highly favors needing permission.
Common act of thievery
: Using someone else's work that is not published and making it look factual.
Using published work is the safe way to go because it favors the exclusive right of a copyright holder. This way the holder can delegate who their information is being shared to and where is it being published. Dance, poetry, and painting are examples of highly favors needing permission.
Common act of thievery
: Using someone else's work that is not published and making it look factual.
3. Amount of work used
Fair-use evaluation is more likely to be favored when small amounts of information are being used at one time. However, infringement may be a possibility if the small piece is being taken from the larger information, if there is a question if the small piece may not be favorable, then contact the copyright holder for permission.
Take only what is necessary for the purpose of use.
Common act of thievery
: Copy/Pasting a whole document off of the internet and using it for a profit.
Take only what is necessary for the purpose of use.
Common act of thievery
: Copy/Pasting a whole document off of the internet and using it for a profit.
4. Market effect of the Use
A fair-use analysis is more likely to be favored when intended use has only a negligible payment on the original author's earning potential. If there is not a big importance of use or the author is not affected financially, then the favor may be granted.
Common act of thievery
: Using a PowerPoint presentation that is straight off of a website that is copyrighted for a certain amount of time.
Common act of thievery
: Using a PowerPoint presentation that is straight off of a website that is copyrighted for a certain amount of time.
What can and cannot teachers legally copy?
Teachers can basically copy anything if it is in favor of fair use and is being used for educational purposes only.
Julia Barr has some great ideas, click on her Link to find out!
Teachers can basically copy anything if it is in favor of fair use and is being used for educational purposes only.
Julia Barr has some great ideas, click on her Link to find out!
Sources & Images
Content Sources:
1. https://owl.english.purdue.edu/owl/resource/731/1/
2. http://www.copyrightfoundation.org/curriculum
3. https://wiki.uiowa.edu/pages/viewpage.action?pageId=42022190
https://www.youtube.com/watch?v=opqlNGBB0c8
Images:
http://21cif.com/tutorials/micro/mm/copyright/page4.htm
http://publicdomaingenealogy.com/genealogy/fair-use-genealogy.php
http://www.slideshare.net/marcodecesaris/china-data-driven-user-engagement-and-acquisition
1. https://owl.english.purdue.edu/owl/resource/731/1/
2. http://www.copyrightfoundation.org/curriculum
3. https://wiki.uiowa.edu/pages/viewpage.action?pageId=42022190
https://www.youtube.com/watch?v=opqlNGBB0c8
Images:
http://21cif.com/tutorials/micro/mm/copyright/page4.htm
http://publicdomaingenealogy.com/genealogy/fair-use-genealogy.php
http://www.slideshare.net/marcodecesaris/china-data-driven-user-engagement-and-acquisition