A Unique Example Of Fair Use

Fair use is the ability to use a small piece of someone's creative work without permission. One can claim fair use only if the work isn’t for commercial purposes, is for education criticism/commentary, news

Misuse of copyright is when the copyright holder misuses the legally-backed rights in order to extend its dominance regarding the use of the copyright work to an extent which may not be acceptable when kept in perspective with law and equity.

In the article “Recut, Reframe, Recycle”, the authors state that the four factors that the Copyright Act refers to when considering fair use are: 1). The purpose and character of the use, 2). The nature of the copyrighted work, 3). The amount of the work that was used, and 4). The effect on the potential market for value of the copyrighted work (profit). The purpose of the “Fair(y) Use Tale” remix film was intended for entertainment and educate viewers about copyright and fair use principles. The film was noncommercial, creative

The second approach to copyright is the democratic approach. All works of art are ideas built on a foundation of other ideas. The democratic approach advocates that intellectual property belongs to the society and should be available for the general good of the public. If the particular usage is intended to derive financial benefit or any other business-related benefits, it is considered inappropriate usage. If the utilization of factual work were more usable than the use of someone’s creative work, then that would not be fair use. There is no specified edge to the amount of quoted work that can be called “fair use.” The courts exercise common sense to determine if it was too much. If the utilization of the material created market or stirred a competition, and if the fair use diminishes demand for the original product, it is not considered as appropriate use (Crews, 1993).

In terms of using a defense there are multiple options. One of which is call the Fair Use Defense. The Fair Use Defense can be used in cases where the mark or phrase being infringed upon and brought into question is defined or classified as a descriptive mark. The definition for a descriptive mark consists of the mark acquring a secondary meaning that goes beyond the bare detail of the product.

This video made by Professor Faden, gives a lot of information to the listeners. It covers the definition of copyright, the copyright law, the public domain ,and fair use. Im choosing to be on Professor Faden's side because he is covered under fair use. Disney Studios can't accuse him of copyright infringement, because he only used small amounts of Disney Studios work, he also gave them recognition and cited his sources at the end of the video. This video should be claimed fair use. The video is made out of various short scenes from the multiple Disney movies created. This video goes into detail about copyright, fair use, public domain, and copyright law. But instead of it being just a regular boring video about copyright, it's fun and makes it more interesting to the audience watching the video. There are all different clips from disney movies, for example, the incredibles, toy story and many more. Another reason Disney can't claim copyright is because he gave credit to them and cited all the movies he used to make the

There are several cases dealing with the fair use doctrine under the Digital Millennium Copyright Act. One of the more famous cases dealing with this act is the Sony verses Universal Studios. In this case, Sony had developed new recording technology called the Betamax. The Betamax could record movies off of the television to be watched at a later time. Universal Studios saw this as copyright infringement. Sony saw this case as fair use. This was taken to the Supreme Court and by weighing the four factors of fair use, the court ruled in Sony’s favor saying that recording a movie for viewing at a later time was considered fair use. (Baase, 242-243)

Fair use is a defense to copyright infringement that essentially asks of any particular use; Is this fair?

Those main guidelines are; you can only use a small amount of the work, add new meaning to the work to make it original, rework it and use it in a totally different way, use it for nonprofit purposes, and last give credit to the original creator . While the creator of the video follows three out of the four requirements, the fair use mandate requires that you follow all four, and the owner never changed the meaning of the work.

In making a series on real Greek myths and epics, I would need to ensure that I am abiding by all copyright laws. Although, my idea is on a principle theme that others have attempted, I would need to take preventive measure, so I would not fall victim to copyright infringement. In doing so, I would apply fair use in determining what and what not to use. First, plan of action; I would use the clips from the 1963 movie Jason and the Argonauts. Since the film was made in 1963 public domain is applied, therefore, usage of the film is free anyone. Secondly, I anticipate on using clips to express accuracy and the disparity of Greek mythology vs Hollywood films. Therefore, I would use for example, Brad Pitt’s movie Troy with an

Copyright means that you own something and no one else can edit or change it without permission

Before you use someone else’s work in your own, make sure you understand your rights and what is appropriate and fair use. In the United States, fair use is a principle which allows limited use of copyrighted material without explicit permission from the rights holders. It is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. While the law provides for the legal, unlicensed citation or incorporation of copyrighted material in another person’s work, use is subject to a set of standards which weigh the intent and effects of the usage. Not all appropriation is fair and protected use. Before you “borrow” someone’s work, make sure you have good standing to do

The second factor of fair use is the nature of the copyrighted work, which means what is the amount of the portion used in relation to the copyrighted work as a whole. This factor analyzes the degree to which the work that was used relates to copyright's purpose of encouraging creative expression. The third factor of fair use is the amount and substantiality of the portion taken, and this means how much of it did you use? This rule, less is more is not necessarily true in parody cases. A parodist is permitted to borrow quite a bit, even the heart of the original work, in order to conjure up the original work. Finally the fourth factor of fair use is the effect of the use upon the potential market, this means what did it influence?“The economic effect of a parody with which we are concerned is not its potential to destroy or diminish the market for the original—any bad review can have that effect—but whether it fulfills the demand for the original.” (Fisher v. Dees, 794 F.2d 432 (9th Cir. 1986).) Faden’s movie was fair use therefore there’s noninfringing. The purpose of his movie was for entertainment and it was also very educational on the topic of copyright. A judge must consider the effect on the potential market for the copyrighted

Many infringement claims involve simple cases of copyright infringement where the copying is obvious. Others, however, are more difficult to resolve because copyright protection is not limited to exact copying. It is inevitable that creative and commercial works will take inspiration from the culture at large, and it is often challenging to determine when this "inspiration" has crossed the line into infringement. There also may be a question of whether the allegedly infringed work is even protected by copyright. Unprotected works may include, for example, compilations of facts that lack the requisite creativity to be covered by copyright, or those works that are in the public domain because the copyright term expired.

requirements, set by the Copyright Law of 1976, to clam fair use for educational purposes.