Fair Use Doctrine Essay

Every day well meaning parents, concerned members of society, and Christian activist groups across the country fight to censor the literature that is being taught in high school classrooms. The word censorship carries all types of implications and angles; it involve s a denial of an author's right to guaranteed freedoms of expression. However, as it relates to education, this issue goes a great deal deeper than the standard First Amendment argument. In attempting to ban certain types of literature from the classroom, censors are taking away the rights of teachers to prepare students for a reality that their parents do not seem to think will ever affect them. They likewise deny students the

Copyright is any expression recorded in any physical form, published or unpublished in any medium whether it is music, books, artworks or newspaper articles. Federal publications, facts and ideas are not copyrighted (www.honolulu.hawaii.edu). The very first copyright law that was established was known as the Statute of Anne, which was authorized in England in 1710 (history of copyright, 2005). The newly founded constitution allowed secure rights to its creators. An act very similar to the Statute of Anne was passed by congress in 1790 as the first American copyright law (history of copyright, 2005). As more and more books were produced and were becoming more accessible domestically and internationally in Europe and North America, it became

In its beginning, the United States based its code of laws on the British Law (Moser & Slay, 2011, 16). Connecticut passed the first state copyright bill: an Act for the Encouragement of Literature and Genius in 1783 (Moser & Slay, 2011, 16). By 1786, twelve out of the thirteen states had passed copyright statutes. However, the fact that each state had its own copyright laws created inconsistency and inconvenience for enforcement from one state to another. A federal copyright law was necessary. On March 1783, the Continental Congress drafted the Constitutional Copyright Clause, which gave to the federal government the power to pass copyright laws (Moser & Slay, 2011, 17). The clause stipulated that the goal of the United States was to promote

One needs to have a basic understanding of the purpose behind copyright laws as the founding fathers had intended. As stated in the “Constitution. Article I, section 8, clause 8 of the United States Constitution provides that Congress shall have the

What is the Fair Use Act? Teachers and students can use copyright work if they site it

1976 The United States Copyright Act was revised from the prior act. In short terms this new revision states the basis of the Copyright Law, and changed the doctrine of “fair use”, and copyrights adopted post author/creators death.[7]

Copyright is the right to stop other people from copying, publishing or adapting a creatives work without his/her permission. If one were to do so they must attribute and acknowledge the owner as a reference. Copyright owners also have ownership of moral rights; this is so that people can not use a piece of work in a way that the owner does not support or believe in such as political or religious means. Many artists run into troubles when debating about at what point os an original work sufficiently transformed enough to not be an infringement of copyright. This issue became apparent an American case ‘The Associated Press vs. Fairey’ which occurred in 2008 and a trial was placed in 2009. There was much debate around whether

Copyright provides artist the ability to protect their works recreation by others but the law lacks clarity of every possible dispute. The first amendment protects people’s freedom of speech and gives them ability to create anything. The problem surfaces when copyright overrides free speech and

1."Copyright law offers copyright holders the exclusive right to reproduce, distribute, and publicly perform copyrighted work" (Carnes). The copyright holder has the authority to govern how the copyrighted material is distributed by giving specific permissions in writing. Without a specific written permission, no one has the rights to distribute or sell the copyrighted work.

According to Intellectual Property Quotes (n.d.), “While American intellectual property deserves protection, that protection must be won and defended in a manner that does not stifle innovation, erode due process under the law, and weaken the protection of political and civil rights on the Internet” (Intellectual Property Quotes, n.d.). In this paper I will discuss the facts and legal reasoning of this case, what the Fair Use Doctrine is, and will answer the following: why it is important to protect intellectual property, why it is important for society to have access to intellectual property, and whether the Fair Use Doctrine properly balances the rights of content producers against the public good.

Fair Use is considered the "grand daddy" of copyrights clauses. Fair use allows people to use the work of other if they are using the work for criticism, news reporting, scholarship, comment, teaching, research, and teaching, each has its limitations. There are four identifiers used to determine if use of a copyrighted work is considered fair use (Yearneau,2010; Jamar, 2013; Goldman, 2014; Grimmelmann, 2014; Kankanala,

3. Fair Use generally is any copying of copyrighted material done for a limited and “Trans formative” purpose, such as to comment upon criticize or parody a copyrighted work.

     The Copyright Act 1968 (Cth), as stated above, was introduced in response to the growing need to protect individual’s creative works or other subject matter from commercial or other exploitation. It contains provisions, which describes what subject matter is protected, and rights of

that original material. These kinds of uses of copyrighted material can be performed without the

Even though a copyright holder has rights in a work, those rights, with limited exception, cannot be enforced through the courts unless the work is registered with the U.S. Copyright Office. Without registration, a copyright holder cannot bring a lawsuit for copyright infringement.”(22)