Fair use: Difference between revisions
imported>Richard Jensen (→Plagiarism: plagiarism is not a legal matter--the examples are copyright issues) |
imported>Stephen Ewen (replacing some made up law with what the law actually says) |
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Section 107 sets out four factors to be considered in determining whether or not a particular use is fair:[http://www.copyright.gov/fls/fl102.html] | Section 107 sets out four factors to be considered in determining whether or not a particular use is fair:[http://www.copyright.gov/fls/fl102.html] | ||
#the purpose and character of the use, such | #the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes; | ||
#the nature of the copyrighted work | #the nature of the copyrighted work; | ||
#amount of the copyrighted work | #amount and substantiality of the portion used in relation to the copyrighted work as a whole; and | ||
#the effect of the use upon the | #the effect of the use upon the potential market for or value of the copyrighted work.[http://www.copyright.gov/fls/fl102.html] | ||
==Public domain== | ==Public domain== | ||
Revision as of 23:26, 26 September 2007
Fair use is an American legal doctrine that users may, in certain circumstances, copy or publish copyrighted works without permission. The rules were created by Justice Story in the 1841 decision Folsom v. Marsh The guidelines were codified in 1976. See Title 17 U.S.C. Section 107.
Section 107 sets out four factors to be considered in determining whether or not a particular use is fair:[1]
- the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
- the nature of the copyrighted work;
- amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- the effect of the use upon the potential market for or value of the copyrighted work.[2]
Public domain
Fair use does not apply to items that are in the "public domain"; they can be used in any way whatever, without asking any permission. Texts and images published in the U.S. before January 1, 1923 are in the public domain. Work created by the federal government is in the public domain (but not work created by state of local governments). Before 1963 copyright expired after 28 years and had to be renewed; items that were not renewed are in the public domain. Items that were published in the USA but never copyright in the first place are in the public domain in the USA. Items posted on web servers in the U.S. are covered only by American law.
Plagiarism
Fair use, public domain, and copyight are legal issues under federal law in the U.S. The UK, EU, Canada, Australia and Japan have similar national laws. Plagiarism (taking credit for someone else's writing) is severely punished by schools and the academic world, whether or not the material was copyrighted.