Go Ahead And Use That Copyrighted Material, It's Fair Use!
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Go Ahead And Use That Copyrighted Material, It's Fair Use!
Copyright(c)2003 Stephen Bucaro
Most people would like to use a picture or some textual
information they found on the Web, but they assume that
copyright law prevents them from doing so. The copyright law
provides a "fair use" exception that permits you to legally use
copyrighted material for many purposes.
You can legally use copyrighted music, pictures, and textual
information that you find on the Web for purposes such as
critical review, news reporting, teaching or training materials,
or a research report. This type of use is not a copyright
infringement.
Copyright law does not precisely define fair use. Determination
of whether a use is fair use is made on a case-by-case basis,
determined by the following factors:
* The purpose and character of the use.
Examples of fair use are quoting passages for a critical review,
a news report, a parody or satire, to illustrate a lesson, or a
research report.
Fair use is very liberal for non-profit educational purposes.
But using copyrighted material in for-profit training materials
is much more restricted. In this case, you need to get
permission to use the material from the copyright owner.
The use of a copyrighted character in a parody of the
performance that the character appears in is fair use. Don't use
a copyrighted character to parody a different topic.
* The nature of the copyrighted material.
Fair use is very liberal when quoting factual material in
editorials, news reports, and research reports. Using quotes
from non-fictional or creative material is much more restricted.
In that case, stick to short quotes for critical review, or get
permission to use the material from the copyright owner.
* The portion used in relation to the material as a whole.
Use of only a small portion of a copyrighted work for the
purposes mentioned above is usually fair use. The part of the
material you use should also be only a small portion of the new
work you are creating.
Make sure that the small portion that you are using is not the
most significant part of the copyrighted material. Even though
the part you use may be only a small portion of the material, if
it is the heart of the work, that would be infringement. There
is no clearly defined definition as to what portion of a work
the use of is infringement.
* The effect on the value of the copyrighted work.
Make sure that the part of the work you use does not make your
new work substitutable for the copyrighted work. If so, that is
an infringement because it has reduced the marketability of the
copyrighted work.
=> Using Pictures of People
Use of a person's picture in a news story is fair use. You can
use the person's picture even if that person has only a minimal
connection to the news story. You can use a person's picture in
an article on a subject of general public interest.
Determining whether you need permission to use a person's name
or picture depends on whether it's used to help sell a product
or service. You cannot use a person's name, picture, or voice
for commercial benefit without obtaining their permission.
Sometimes the distinction between use as news and use for
commercial purposes and is blurred. For example, a web site
might feature news stories and advertising.
Never position a person's name or picture on a web page in a way
that implies that they endorse a product or service without
their permission. Never position a person's name or picture on a
web page in proximity to a news story with a negative
connotation. For example, if you position a person's picture
just above a story about homosexuality, you might be sued for
character defamation.
=> Use of Trademarks
You can use a trademark to advertise that you sell or service
products of a particular brand. Don't use a trademark to falsely
misrepresent yourself as an authorized agent of that brand's
company. You can also use a competitor's trademark in
comparative advertising. If you do, make sure your claims are
absolutely honest and can be substantiated.
Sometimes a trademark inadvertently shows up in a photograph.
For example, an advertisement or a container's label may show up
in a photograph. There is rarely a problem using a photograph
for noncommercial use that shows a trademark. Never use a
photograph showing a trademark in such a way as to imply that
the trademark's owner endorses a product or service.
To be absolutely safe, you should get the trademark owner's
permission. Many trademark owners will be happy to give you
permission without charge. In fact, many companies pay fees to
promote their trademark.
=> Copyright Infringement
Other than for fair use purposes, don't expect to get away with
using copyrighted material from the Web without the owner's
permission. Some companies use Web crawlers to search for
unauthorized use of their copyrighted material.
Make sure the person who gives you permission to use copyrighted
material actually owns the copyright to the material, or the
real owner could sue you for infringement. Usually, if the
person who gave you permission misrepresented their ownership,
you cannot be sued because you would be an "innocent infringer".
In this article you have learned that there are many purposes
for which you can legally use copyrighted material from the web.
If you follow the copyright law's rules for fair use it is not a
copyright infringement.
Disclaimer: This information is provided with the understanding
that the author is not a lawyer. If legal advice is required,
the services of a competent professional should be sought. By
using this material, the user assumes complete responsibility
for any and all damages resulting from that use.
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