Sect. 107 Copyright Act of 1976
Notwithstanding the provisions of sections 106 & 106A, the fair
use of copyrighted work, including such use by reproduction in copies
or phonorecords or by any other means specified in that section, for
purposes such as criticism, comment, news reporting,
in determining fair use
purpose and character of the use, including whether such use is commercial
in nature or is for nonprofit educational purposes
nature of the copyrighted work
amount and substantiality of the portion used in relation to the copyrighted
work as a whole and the effect of the use upon the potential market
for value of the copyrighted work
fact that a work is unpublished shall not in itself bar a finding
of fair use if such finding is made upon consideration of all the
almost everything is copyrighted the moment it is written.
is violated whether you charge money or not.
on the web are not granted public domain status unless specifically
use doctrine applies to photographs.
is not lost because an author doesn't defend it each and every time.
fiction" or derivative works are a violation of copyright.
law is civil law in which standards are lower than criminal litigation
rationalize that you are helping someone advertise when you violate
their copyright to intellectual property.
Standards & Copyright
20% or 5- Element Rule
is considered to be a "new" work or artistic composition if 20% of the
image and/or 5 major elements are changed.
on Artistic Standard
Lisa is the most altered artwork.
didn't violate copyright when he stacked cans of Campbell's soup and
made a new work. The soup cans were a registered trademark.
to use your own work or a new design.
is easiest - many times photographers, web page designers, etc. will
allow their work to be reused for educational purposes.
Books vs. Kinko's (S.D.N.Y. 1991)
was held to be infringing copyrights when it photocopied book chapters
for sale to students as course packets for their university classes.
analyzed word and found that 5 to 25% of the original full book was
excessive, thus a violation.
Britannica v. Crooks (1982)
producers of educational motion pictures and videos sued a consortium
of public schools which was systematically recording programs as they
were broadcast on PBS stations and providing copies to member schools.
work was for educational purposes, the schools were retaining copies
for 10 years thus competing with the license.
v. Burtchaell (1987)
wrote a book based on women's stories of abortions in 1973; she denied
the defendant to use her excerpts. The defendant proceeded anyway.
that quoting 4.3% of the author's work was not excessive - thus no case.
copying one work is copying everything the photographer has published.
of look alikes - generate your own works.
embroil others in controversy.
rarely lose their copyright.
- If you
found it on the web, it probably belongs to someone else.
Copyright and Information Management
Robertta H. Barba
San Jose State University
Used with permission from author
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