0.1 Fair use  (Page 6/6)

Legal right : ability a person has due to legal definition. For example, it is legally defined that an adult citizen of the United States will have the right to vote.

Market effect : An activity that negatively affects the market for a work, either on the open market, or the business-to-business market, or on the market for permissions. Essentially, if money is being lost, then the other factors need to be considered strongly before “Fair Use” can be claimed.

Transformative use : A use that adds something new, re-purposes the work, or allows the work to be seen in a new and different way. (Hoffman 2006)

How to analyze a scenario

Consider the six rights of the copyright holder (reproduce, derivative works, distribute, perform, display, digital audio transmission). Which rights are being used by the person or persons in the scenario?

What requirements for copyright are met? (Fixed medium, originality, beyond de minimis ?)

Can Fair Use (or any other part of the copyright law) be used to justify this use?

Can you make an argument for taking the risk of not worrying about copyright?

If not, then the user should get permission, find a different work to use, or adjust their needs so that only a small portion of the work is being used.

Scenarios

A significant portion of an episode from a humorous TV show is posted on YouTube. Is this a copyright infringement?

A student has created a web page with lyrics from her 30 most favorite songs, juxtaposed with her own original artwork. A password or any other form of protection does not protect the web site. Is the content on this web site infringing on copyright? If so, whose? Would a password affect the infringement status of the site? And does the number of songs affect the infringement status?

A student has collected the flyers from events on his campus for four years as a means of documenting his college years. Now he is scanning the flyers. Is a copyright infringement taking place? Why or why not?

Dave is making a pamphlet for a social club he is involved with. The club is not part of his schoolwork; anyone is welcome to attend. In the pamphlet he quotes two lines from a song from his favorite band paired with a picture he took of the band that is not related to the song. Dave wrote to the band for permission, but was denied. Believing that his use is Fair, he decides to use the two lines anyway. Is this copyright infringement?

A manager has provided her 35 employees with a copy of a 4-page article about workplace safety. The copies were made on the company photocopier, no permission fee was paid, but the company subscribes to the journal. The article was provided to educate the workers on an important issue. Has a copyright infringement taken place? Why or why not?

The Cindy stories (Scenarios 6-9) Note in these scenarios how one act, by Cindy, leads to several more acts by her friends .

Cindy is working on a community health issues paper when she discovers an excellent web site. It is so useful that she downloads its entire content, formats it into a pamphlet, and prints out 25 copies for her Student Health Club. She does cite her source. When she hands it out, is she infringing on the original site’s copyright? If so, what rights of the copyright owners are infringed?

Another student in the Health Club, Susan, found the content of the brochure so inspiring that she set it to music and created a song. At this point in time, she has not written down or recorded the music. Has a copyright infringement occurred?

Following the Student Health Club meeting, another student posted the contents of the brochure to the club web site. The web site is available to the general public. Has a copyright infringement occurred?

Cindy’s cousin Greg, at another campus, made a link from his web site to the Student Health Club web site after it contained the information from Cindy’s brochure. Is Greg’s linking to this content an activity that could be considered infringing?

Bibliography, Chapter 2: Fair Use.

Copyright Alliance. "FAQs on Fair use." 2010, http://www.copyrightalliance.org/content.php?id=11 .

Electronic Frontier Foundation. "Fair use Frequently Asked Questions.”, http://www.teachingcopyright.org/handout/fair-use-faq .

Greenhouse, Linda. "HIGH COURT SUSTAINS FORD MEMOIR COPYRIGHT." New York Times, May 21, 1985, 1985, sec. A.

Hoffman, Ivan. "Fair use: Even More Issues: Follow Up." 2010, http://www.ivanhoffman.com/fair7.html .

Patry, William F., and Dannay, Richard. " BILL GRAHAM ARCHIVES v. DORLING KINDERSLEY LIMITED RR ." 2010, http://caselaw.findlaw.com/us-2nd-circuit/1289897.html .

USC 17 Section 107: Limitations on Exclusive Rights: Fair use, .