Copyright reasons / http://creativecommons.org/licenses/by-sa/2.0/
Aloha all -
This week, we looked at the complicated world of
Intellectual Property and Fair Use.
Today, with the ubiquitous use and sharing of digital content through
social media, it is more important than ever for us to be aware of the basics
of copyrights and what constitutes fair use of intellectual property. After taking a look at various readings,
curriculum and websites, it is apparent that when it comes to the subject of
Fair Use, Copyrights and Public Domain, the answer is always, "IT
DEPENDS…" There are no easy answers
and guidance given is always general.
The Fair Use doctrine allows the use of copyrighted
materials under certain circumstances.
Basically, it is a set of exceptions to copyright restrictions. It allows content to be used in certain ways
based on 4 main factors. Reviewing these
factors will at least give guidance on whether or not the content can be
used. Generally fair use is permitted
for criticism and commentaries, parodies, news reporting and education.
Let's take a look at these factors using the example of
posting a video of a children's performance of a copyrighted song on YouTube.
- Purpose and character of use: The song is being used for entertainment and is basically the original version of the song.
- Nature of the original: Songs are creative, not factual, content.
- Amount used: They sang the whole song in their performance.
- Effect on the market: It would not be a substitute for the original and would be unlikely to affect the market.
How about you?
A hui hou,
Terri
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