Fair Use is for Everybody
Fair Use is Everywhere
critics say that fair use is unpredictable, technical, legal stuff that the everyday person can't understand or apply in daily life. In fact,
fair uses are all around. copyright law provides four factors for courts to consider in determining whether a use is fair.
FOUR FAIR USE FACTORS
the purpose
and character
of the use
the nature of the
copyrighted work
the portion used
in relation to the
copyrighted work
as a whole
the effect of
the use upon
the potential
market
The most important factor is the purpose: is the use transformative? courts are much more likely to uphold a use as fair use
if it transformative, meaning that it adds something new, with a different character, expression, meaning or message, or function.
Here are just some examples of uses courts have specifically considered, upholding fair use in all of these cases:
Go gle-
Qtveyes
GOOGLE, TVEYES
creating databases to make
information searchable is a
fair use.
SOUTH PARK
Making fun of culture in
parodies is a fair use.
Ebe York
NEW YORK TIMES
Quoting and reprinting to
report the news is a fair use.
ANDY WARHOL
Using old art to make new
art is a fair use.
BRAILLE
Making books accessible to
the blind and print-disabled
is a fair use.
DISH Network, VHS, VCR
using recorders in your
home to record television
and watch later is a fair use.
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011001110011001
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001 11000111010
CODE
copying a computer program
to make new programs that
work with it is a fair use.
BALTIMORE RAVENS
Documenting history in a world
rich with logos and cultural
artifacts is a fair use.
3. "Baltimore Ravens logo" by Source. Licensed under Fair use via Wikipedia - httpWen.wikipedia.org/wiki/File:3altimore_Ravens_logosvg#mediaviewer/File:3altimore_Ravens_logo.svgtm
4. south park logo by VECTOR.ME
Commissioned by
OARL
Free to share and reuse
@O
Design by
For more information and
YIPPA
additional resources, please
visit fairuseweek.org.
arl.org