The Importance Of The Fair Use Act

The video A Fair(y) Use Tale Trial by Professor Eric Faden was created with the purpose of educating it’s viewers about Fair Use principles. It creates a transformative work through different Disney movie clips each only a few seconds long strung together in order to explain Fair Use and Copyright in an entertaining and original way. The video is noncommercial, and no profit was gained by Professor Faden in producing the work or after it was displayed.

There are four elements to determine something is fair use based on the copyright act of 1976: is the purpose for educational purposes or commercial purposes, is the nature of the work copyrighted, is the amount of the portion related to the copyright as while and finally is the effect diminish the potential market for or value of the copyrighted work?

Plagiarised work may belong to another student or be from a published source such as a book, report, journal or material available on the internet.

To answer this, Copyright Law must be understood. Copyright Laws protect intellectual property, and ownership rights. Artists can control their content by selling, leasing it or giving it away. Artists can grant permission for their work and have the freedom to charge. It encourages creativity, and protects the creativity by keeping it exclusive to the creator which allows profit. Mass media embodies the Copyright content,

Films, artworks, diagrams and DVDs also can apply through fair dealing but the amount of how much the resources we can copy are based on the copyright Act.

Fair use is the right to use copyrighted materials without the copyright owner’s permission. Permitting limited and reasonable uses without permission as long as they do not prejudice the copyright owner’s rights or interfere with normal exploitation of the work. Thus, fair use is intended to allow the unauthorized use of copyrighted materials for the benefit of society, believing such use serves a higher purpose. But fair use has its limits, too. Section 107 of the Copyright Act states that:

This means that all online course materials are to be considered under the copyright section of the policy as outlined above.

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).

Freedom of speech and expression are a big part of the United States of America. The first amendment suggests, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” During the recent NFL season, San Francisco 49er’s quarterback Colin Kaepernick knelt during the national anthem before the game. This action went unnoticed until the third preseason. However, when the cameras noticed Kaepernick, a massive outburst ensued. Social media, television, and newspapers covered this story, sometimes more than the game. This issue split the Individuals, especially on social media. Some trusted it’s Kaepernick’s right to kneel, in comparison others believed it’s preposterous and a sign of disrespect towards the country and the Individuals protecting it.

Fair use is an exemption within copyright law that basically permits anyone to use copyrighted materials without payment and without approval, subject to certain conditions.

Is there too much censorship in america, are your kids not allowed to share their mind with the world because of people getting offended over a joke or a misunderstanding. People all through history have been writing free speech to prove a point or for justice or freedom against the government to make a change for the better. But now if you have an opinion some won’t even express you feeling through social media because it will offend people or creators of the website will block the pager or use because their agist there opinion on the matter. Even some parents won’t let their children watch cartoon that are meant for kids because of the creator being homosexal or them no beliveing in the same religion. Some people we hate or distreat that person and won’t let them speak their mind or are be treated the same because of their religion,color or gender appel.

What types of things can be copyrighted? What cannot be copyrighted? Things that can be copyrighted are literary, dramatic, musical, and artistic works, such as poetry, novels, movies, photographs, songs, and computer software. Things that cannot be copyrighted are slogans, book titles, and phrases.

The four primary guidelines of the fair use principles are outlined below that apply to the case in question

The First Fair Use Factor U.S. Code § 107 (1), emphasis on the purpose and the character of the use

According to Halbert & Ingulli (2012) fair use is the right to use limited portions of copyrighted work, without permission for the owner (p.324). For example, when an individual uses a music video for a product review for shoes, you want a video so the individual’s can upload that video for their review. The video viewed doesn’t replace the shoe product. However the owner’s rights are not affected at all because the individual's right to use the copyrighted video would be acceptable under fair use. The fair use limit use of copyrighted material without the individual getting permission from the owner. "Copyright laws were established not to give the author the right to deny their work to other people, but instead to encourage its creation" (Halbert & Ingulli, 2012, p.324). One example of music sharing files is the case of Sony BMG Music Entertainment V. Tennenbaum (Halbert & Ingulli, p.324).