Glossary

13.1 Copyright Laws and Fair Use

2 min read•july 25, 2024

Copyright laws protect creators' original works, granting them exclusive rights. These laws promote creativity and innovation while safeguarding intellectual property. However, fair use allows limited use of copyrighted material without permission for societal benefit.

Fair use applies to educational purposes, news reporting, criticism, and parody. Courts consider four factors when determining fair use: purpose of use, nature of work, amount used, and market impact. Understanding these laws helps creators navigate copyright issues responsibly.

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  • Legal protection granted to creators of original works safeguards literary, artistic, musical, and intellectual creations
  • Promotes creativity and innovation by providing exclusive rights to creators
  • Exclusive rights include reproduction, distribution, derivative works, public performance and display
  • Protection typically lasts for creator's life plus 70 years
  • Covers diverse works (books, photographs, music, films, software)

Concept of fair use

  • Limited use of copyrighted material without permission benefits society
  • Applies to educational purposes, news reporting, criticism, parody (Saturday Night Live skits)
  • Balances creators' rights with public interest fostering innovation
  • Serves as a defense against infringement claims rather than an inherent right

Factors determining fair use

  1. of use
    • Commercial vs. non-profit educational use
    • Transformative nature of new work (remix, mashup)
  2. Nature of copyrighted work
    • Factual vs. creative works
    • Published vs. unpublished works
  3. of portion used
    • Quantity of original work used
    • Quality or importance of portion used
  4. Effect on potential market or value
    • Impact on original work's market
    • Consideration of potential derivative markets
  • Courts weigh all factors together requiring case-by-case analysis
  • Obtain permission when possible for using copyrighted material
  • Use or licensed content
  • Properly attribute sources and keep records of fair use analysis
  • Transform original work when possible (parody, commentary)
  • Consider impact on original work's market
  • Create original content or use stock media libraries as alternatives
  • Understand takedown notices and procedures for responding to copyright claims

Key Terms to Review (18)

Amount and substantiality: Amount and substantiality refers to the extent and significance of the material taken from a copyrighted work when assessing fair use. It involves evaluating how much of the original work is used and whether the portion used is central to the original or just a small, insignificant part. This consideration plays a crucial role in determining if the use qualifies as fair use under copyright laws.
ASCAP: ASCAP, or the American Society of Composers, Authors, and Publishers, is a performance rights organization that protects the rights of songwriters, composers, and music publishers by licensing their music and ensuring they receive royalties when their music is played publicly. This organization plays a crucial role in managing copyright laws by helping artists earn a living from their work and promoting fair use within the music industry.
Campbell v. Acuff-Rose Music, Inc.: Campbell v. Acuff-Rose Music, Inc. is a landmark Supreme Court case from 1994 that addressed the issue of fair use in copyright law, specifically regarding the unauthorized parody of a copyrighted work. The case involved the hip-hop group 2 Live Crew, which created a parody of Roy Orbison's song 'Oh, Pretty Woman.' The Court ruled that parody could qualify as fair use, emphasizing that transformative works should be considered under this doctrine.
Commercial use: Commercial use refers to the utilization of copyrighted material for business purposes or profit-making activities. This can include selling, licensing, or advertising products or services that involve the copyrighted work. Understanding commercial use is crucial in navigating copyright laws and fair use, as it often determines whether a specific use falls under protected categories or requires permission from the copyright holder.
Copyright Act: The Copyright Act is a set of laws that protect the rights of creators by giving them exclusive rights to their original works, including literature, music, and art. It establishes the framework for copyright protection, outlining how long these protections last and what constitutes infringement. This act is crucial in balancing the interests of creators with public access to creative works, particularly in the digital age.
Copyright Office: The Copyright Office is a governmental agency responsible for overseeing copyright registration and protecting the rights of creators. It plays a vital role in ensuring that original works, such as music, literature, and art, are legally recognized and protected from unauthorized use, which is crucial for the enforcement of copyright laws and the promotion of fair use principles.
Creative Commons: Creative Commons is a licensing system that allows creators to share their work legally while still retaining some rights. This system provides a flexible range of protections and freedoms for authors, artists, and educators, enabling them to specify how others can use their work. Creative Commons licenses help clarify the rules around the sharing and remixing of creative content, making it easier to navigate copyright laws and fair use.
Digital Millennium Copyright Act: The Digital Millennium Copyright Act (DMCA) is a United States copyright law enacted in 1998 that aims to protect copyrighted works in the digital environment. It addresses issues related to copyright infringement on the internet, providing a framework for the protection of digital media and establishing rules for online service providers regarding liability and user-generated content. The DMCA also implements provisions from two international treaties to enhance copyright enforcement in the digital age.
Distribution Rights: Distribution rights refer to the legal permissions granted to individuals or entities to distribute, sell, or otherwise make available copyrighted material to the public. These rights are a crucial aspect of copyright law, as they determine who can profit from and control the distribution of creative works, such as films, music, and books. Understanding distribution rights is essential for anyone involved in the creation and dissemination of multimedia content, as it directly impacts revenue streams and the reach of their work.
Google LLC v. Oracle America, Inc.: Google LLC v. Oracle America, Inc. is a landmark Supreme Court case that addressed the legality of using Java API code in Google's Android operating system without obtaining a license from Oracle, the owner of Java. The case raised significant questions about copyright laws and the concept of fair use, particularly in the context of software development and innovation. Ultimately, the ruling focused on whether Google's use of Java was transformative and thus fell under the fair use doctrine, setting important precedents for future cases involving software and copyright law.
Literary works: Literary works refer to written creations that express ideas, emotions, stories, or themes through various forms such as novels, poems, plays, and essays. These works are often considered intellectual property and are protected under copyright laws, which give authors exclusive rights to their creations and control over how they are used and shared.
Musical works: Musical works refer to compositions that include both the musical notes and the lyrics, creating a complete piece of music that can be performed, recorded, and distributed. These works can exist in various forms, such as songs, symphonies, or operas, and they are protected under copyright laws, which grant creators exclusive rights to their use and distribution. This legal protection is crucial in maintaining the rights of musicians and composers over their creative expressions.
Notice of Copyright: A notice of copyright is a statement placed on a creative work to indicate that the work is protected by copyright law. This notice typically includes the copyright symbol ©, the year of publication, and the name of the copyright owner, signaling to others that the creator holds exclusive rights to use and distribute the work. Understanding this notice is crucial for recognizing ownership and preventing unauthorized use or infringement of creative materials.
Public Domain: Public domain refers to creative works that are not protected by copyright law, meaning they can be freely used, shared, and modified by anyone without permission or payment. Works enter the public domain for various reasons, including the expiration of copyright protection or being released directly into the public domain by their creators. This status encourages the sharing of knowledge and culture, fostering innovation and creativity while also connecting to broader concepts like copyright laws and licensing.
Purpose and Character: Purpose and character refers to the intentions behind using a copyrighted work and the nature of the use, which are key factors in determining fair use under copyright law. This concept emphasizes whether the use is transformative or whether it serves a commercial purpose, impacting whether it can be considered fair use or not. Understanding this term is essential for creators and users of media to navigate copyright laws responsibly and creatively.
Registration certificate: A registration certificate is an official document issued by a governmental authority that confirms the registration of a work, such as literary, musical, or artistic creations, under copyright law. This certificate serves as evidence of ownership and can be vital in legal disputes regarding copyright infringement, providing protection and rights to the creator of the work.
Reproduction rights: Reproduction rights refer to the legal permissions granted to individuals or organizations to reproduce, distribute, or create derivative works based on original copyrighted material. These rights are crucial in the context of copyright laws, ensuring that creators maintain control over how their work is used and shared. Understanding reproduction rights is essential for anyone working with multimedia content to avoid infringement and ensure fair use.
Transformative use: Transformative use refers to the modification of a copyrighted work in such a way that it adds new expression, meaning, or message, effectively transforming the original into something different. This concept is crucial in assessing fair use, as it determines whether a new work significantly changes the purpose or character of the original, allowing for greater freedom in creative expression while still respecting copyright laws.
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