Fair use

case, is the proper definition of fair use. Merriam Webster’s defines fair use as the following: a legal doctrine that portions of copyrighted materials may be used without permission of the copyright owner provided the use is fair and reasonable, does not substantially impair the value of the materials, and does not curtail the profits reasonably expected by the owner. The U.S. Copyright office states that these are the activities that can be claimed as fair use: criticism, comment, news reporting

(2012) fair use is the right to use limited portions of copyrighted work, without permission for the owner (p.324). For example, when an individual uses a music video for a product review for shoes, you want a video so the individual’s can upload that video for their review. The video viewed doesn’t replace the shoe product. However the owner’s rights are not affected at all because the individual's right to use the copyrighted video would be acceptable under fair use. The fair use limit use of copyrighted

Building at Sam Houston State is what some would call label a criminal. It’s the guy that ignores the FBI warnings and does what he pleases with copyrighted work. For others, he is no different than the hundreds if not thousands of other educators that use protected work to cement certain facts or explain topics for their students. Copyright protections are guaranteed by the United States Constitution under Article 1, Section 8, Clause 8 and are under federal jurisdiction through the U.S. Copyright

However, the concept of fair use has changed over the years with the changing of intellectual property and technology, which pose questions as to whether DRM technologies are capable of accommodating fair use at all. “If DRM systems are to preserve fair use, they must somehow preserve its ambiguity, its ability to evolve and embrace as yet unrealized uses of copyrighted works.” (Von Lohmann). It is not surprising that of these developments

The Fair Use Doctrine Case Summary Libraries have been transitioning to the digitalization of literature for preservation and distribution purposes. When a group of libraries gave works to HathiTrust for digital conversion, tension from the owners of the work began to rise. The Authors Guild, an organization that has been supporting writers and their rights since 1912, filed a case against HathiTrust to protect intellectual property. Google formed HathiTrust, an organization that the libraries

The Fair(y) Use Tale video by Eric S. Faden is created to show his view on Fair Use principles. It transforms many disney clips to make a whole new video. Walt Disney is suing Faden for using many clips of disney movies in Faden's video. I am the attorney for Walt Disney Studios to prove their case and get credit where credit is due. The defendant, Faden claims that his use of Disney clips are fair use but Disney doesn't think so. Yes, Faden did give credit in the video to Disney but the question

claim of Fair use as long as they stayed within the fair use guidelines; the borrowed work must be used for the following reasons: Education, Critique, Parody or commentary. Professor Faden has been wrongly accused of Copyright infringement over his “Fair(y) Use Tale” video by Disney, accusing him of stealing their Intellectual Property for his own personal gain. This paper will prove Professor Faden’s innocence and why his video should be allowed to stay online. Fair use allows anyone to use only small

who create works, such as artistic works or literary works, as well as those other subject matter, such as films or sounds recordings, from those who would serve to exploit or profit from their labor, skill and creativity. But, what about those who use these protected works and other subject matter for interests different to the above? Such as for educational purposes or for broadcasting? Under the act, there are listed many defences to protect an individual or a corporation from infringement of copyright

recurrent theme evident throughout copyright literature is the comparison between ‘fair dealing’ and ‘fair use. These provisions allow for additional rights to be awarded to users for educational or research purposes. Their meaning and scope are defined by different legal systems, thus are not synonymous terms. ‘Fair dealing’ is a legal term pertaining to common law jurisdictions. It is used to establish whether the use of a copyright material is lawful or whether it infringes copyright. With research

Enforcement and Fair Use Jean-Paul Muyshondt University of North Carolina Wilmington Abstract The Digital Millennium Copyright Act of 1998 has changed the focus of copyright enforcement away from the act of copyright infringement and toward the act of circumvention of the technologies used to protect the rights of digital media owners. Additionally, the act has had adverse effects that outweigh the benefits that it provides. Key Words: copyright, DMCA, DRM, ethics, fair use, legal/societal