Review Which of the following is considered in determining whether use of copyrighted material constitutes fair use quizlet?
Mẹo Hướng dẫn Which of the following is considered in determining whether use of copyrighted material constitutes fair use quizlet? Mới Nhất
Họ và tên học viên đang tìm kiếm từ khóa Which of the following is considered in determining whether use of copyrighted material constitutes fair use quizlet? được Update vào lúc : 2022-08-21 04:26:03 . Với phương châm chia sẻ Kinh Nghiệm Hướng dẫn trong nội dung bài viết một cách Chi Tiết 2022. Nếu sau khi Read nội dung bài viết vẫn ko hiểu thì hoàn toàn có thể lại Comments ở cuối bài để Admin lý giải và hướng dẫn lại nha.In many countries, certain uses of copyright-protected works do not infringe the copyright owner’s rights. For example, in the United States, copyright rights are limited by the doctrine of "fair use," under which certain uses of copyrighted material for, but not limited to, criticism, commentary, news reporting, teaching, scholarship, or research may be considered fair. U.S. judges determine whether a fair use defense is valid according to four factors, which we’ve listed below for educational purposes. In some other countries, there is a similar concept called "fair dealing" that may be applied differently.
Nội dung chính- The four factors of fair use:Factor
1: The Purpose and Character of the UseFactor 2: The Nature of the Copyrighted WorkFactor 3: The Amount or Substantiality of the Portion UsedFactor 4: The Effect of the Use on the Potential Market for or Value of the WorkWhich of the following is considered a fair use of a copyrighted material?What are the factors that determine if the use of copyrighted material falls under fair use?What are four factors used to determine if use of copyrighted material is fair use or not quizlet?What should be considered to determine if a material is deemed to be fair use?
Remember, it is your responsibility to understand the relevant law and whether it protects the use you have in mind. If you plan to use copyrighted material you didn’t create, we'd strongly advise you to take legal advice first. Google cannot provide legal advice or make legal determinations.
The four factors of fair use:
1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
Courts typically focus on whether the use is “transformative.” That is, whether it adds new expression or meaning to the original, or whether it merely copies from the original.
2. The nature of the copyrighted work
Using material from primarily factual works is more likely to be fair than using purely fictional works.
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
Borrowing small bits of material from an original work is more likely to be considered fair use than borrowing large portions. However, even a small taking may weigh against fair use in some situations if it constitutes the “heart” of the work.
4. The effect of the use upon the potential market for, or value of, the copyrighted work
Uses that harm the copyright owner's ability to profit from his or her original work by serving as a replacement for demand for that work are less likely to be fair uses.
Fair use may not be what you expect. Whether or not you are within the boundaries of fair use depends on the facts of your particular situation. What exactly are you using? How widely are you sharing the materials? Are you confining your work to the nonprofit environment of the university?
To determine whether you are within fair use, the law calls for a balanced application of four factors. These four factors come directly from the fair use provision, Section 107 of the U.S. Copyright Act and they have been examined and developed in judicial decisions. The following summaries identify and explain the significance of the factors as they relate
to many university needs. For more information about how to apply the factors in fair use, see the Fair Use Checklist.
Fair Use is a Balancing Test
To determine whether a use is or is not a fair use, always keep in mind that you need to apply all four factors. For example, do not jump to a conclusion based simply on whether your use is
educational or commercial. You still need to evaluate, apply, and weigh in the balance the nature of the copyrighted work, the amount or substantiality of the portion used, and the potential impact of the use on the market or value of the work. This flexible approach to fair use is critical in order for the law to adapt to changing technologies and to meet innovative needs of higher education. Not all factors need to weigh either for or against fair use, but overall the factors will usually lean
one direction or the other. Also, the relative importance of the factors is not always the same. Your analysis should guide you to a conclusion.
Factor 1: The Purpose and Character of the Use
Factor 2: The Nature of the Copyrighted Work
Factor 3: The Amount or Substantiality of the Portion Used
Factor 4: The Effect of the Use on the Potential Market for or Value of the Work
Resources
Factor 1: The Purpose and Character of the Use
The fair use statute itself indicates that nonprofit educational purposes are generally favored over commercial uses. In addition, the statute explicitly lists several purposes especially appropriate for fair use, such as criticism, comment, news reporting, teaching, scholarship, or research. These activities are also common and important the university. But be careful: Not all nonprofit educational uses are “fair.” A finding of fair use depends on an application of all four factors, not merely the purpose. However, limiting your purpose to some of these activities will be an important part of claiming fair use.
Courts also favor uses that are “transformative,” or that are not merely reproductions. Fair use is more likely to be found when the copyrighted work is “transformed” into something new or of new utility or meaning, such as quotations incorporated into a paper, or perhaps pieces of a work mixed into a
multimedia product for your own teaching needs or included in commentary or criticism of the original.
Factor 2: The Nature of the Copyrighted Work
This factor centers on the work being used, and the law allows for a wider or narrower scope of fair use, depending on the characteristics or attributes of the work. For example, the unpublished “nature” of a work, such as private correspondence or a manuscript, can weigh against a finding of fair use. The courts reason that copyright owners should have the right to determine the circumstances of “first publication.” Use of a work that is commercially available specifically for the educational market is generally disfavored and is unlikely to be considered a fair use. Additionally, courts tend to give greater protection to creative works; consequently, fair use applies more broadly to nonfiction, rather than fiction. Courts are usually more protective of art, music, poetry, feature films, and other creative works than they might be of nonfiction works.
Factor 3: The Amount or Substantiality of the Portion Used
Although the law does not set exact quantity limits, generally the more you use, the less likely you are within fair use. The “amount” used is usually evaluated relative to the length of the entire original and in light of the amount needed to serve a proper objective. However, sometimes the exact “original” is not always obvious. A book chapter might be a relatively small portion of the book, but the same content might be published elsewhere as an article or essay and be considered the entire work in that context. The “amount” of a work is also measured in qualitative terms.
Courts have ruled that even uses of small amounts may be excessive if they take the “heart of the work.” For example, a short clip from a motion picture may usually be acceptable, but not if it encompasses the most extraordinary or creative elements of the film. Similarly, it might be acceptable to quote a relatively small portion of a magazine article, but not if what you are quoting is the journalistic “scoop.” On the other hand, in some contexts, such as critical comment or parody, copying an entire work may be acceptable, generally depending on how much is needed to achieve your purpose. Photographs and artwork often generate controversies, because a user usually needs the full image, or the full “amount,” and this may not be a fair use. On the other hand, a court has ruled that a “thumbnail” or low-resolution version of an image is a lesser “amount.” Such a version of an image might adequately serve educational or research purposes.
Factor 4: The Effect of the Use on the Potential Market for or Value of the Work
Effect on the market is perhaps more complicated than the other three factors. Fundamentally, this factor means that if you could have realistically purchased or licensed the copyrighted work, that fact weighs against a finding of fair use. To evaluate this factor, you may need to make a simple investigation of the market to determine if the work is reasonably available for purchase or licensing. A work may be reasonably available if you are using a large portion of a book that is for sale a typical market price. “Effect” is also closely linked to “purpose.” If your purpose is research or scholarship, market effect may be difficult to prove. If your purpose is commercial, then adverse market effect may be easier to prove. Occasional quotations or photocopies may have no adverse market effects, but reproductions of entire software works and videos can make direct inroads on the potential markets for those works.
Resources
This page is licensed by a Creative Commons Attribution License with attribution to its author Dr. Kenneth D. Crews (formerly of Columbia University).
Creative Commons License
Which of the following is considered a fair use of a copyrighted material?
What is fair use? Fair use allows limited use of copyrighted material without permission from the copyright holder for purposes such as criticism, parody, news reporting, research and scholarship, and teaching.What are the factors that determine if the use of copyrighted material falls under fair use?
Fair Use is a Balancing Test. Factor 1: The Purpose and Character of the Use.. Factor 2: The Nature of the Copyrighted Work.. Factor 3: The Amount or Substantiality of the Portion Used.. Factor 4: The Effect of the Use on the Potential Market for or Value of the Work.. Resources..What are four factors used to determine if use of copyrighted material is fair use or not quizlet?
In determining whether or not a particular use is fair, the law states that least four factors should be taken into should be taken into consideration: The purpose and character of the use. The nature of the work. The amount and substantiality of the portion used in relation to the work as a whole.What should be considered to determine if a material is deemed to be fair use?
the purpose and character of your use. the nature of the copyrighted work. the amount and substantiality of the portion taken, and. the effect of the use upon the potential market. Tải thêm tài liệu liên quan đến nội dung bài viết Which of the following is considered in determining whether use of copyrighted material constitutes fair use quizlet?
Post a Comment