The Relevance of Fair Use Doctrine in the Digital World

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.

The fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including

Anyone accused of copyright infringement is protected under the claim of Fair use as long as they stayed within the fair use guidelines; the borrowed work must be used for the following reasons: Education, Critique, Parody or commentary. Professor Faden has been wrongly accused of Copyright infringement over his “Fair(y) Use Tale” video by Disney, accusing him of stealing their Intellectual Property for his own personal gain. This paper will prove Professor Faden’s innocence and why his video should be allowed to stay online.

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.

There are four detailed situations in which a copyrighted piece of work may be used without the consent or permission from the author or

Have valid reasons for infringe another’s copyright under certain situations that are legal without permission from the copyright owner. It must be determined that the use is only for non-commercial or nonprofit purposes by considering “the nature of the copyrighted work”, “the 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” (Copyright Act). Examples include collections in libraries open to the public or related to academic research.

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.

One of the four factors used to determine fair use is the purpose and character of the work. Faden’s purpose was to enlighten and entertain his viewers, not to remake his own Disney movie using previous movies. All he did was make a short ten minute video using clips that were less than 45 seconds long. He gathered up the clips and transformed them into an original work.

Copyrights by definition are the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same. By reading the definition one might feel comfortable with the process of

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).

"The 'Fair Use' Rule: When Use of Copyrighted Material Is Acceptable | Nolo.com." Nolo.com. Web. 15 Nov. 2015.

Second, this speculative anticipation of market harm limiting to students will always disfavour a finding of fair use. What if in the case like India which is in dire need to access to reading material in future the court finds a use of a copyrighted material to be fair even when such use seems to have a negative impact on the market of the protected work, which gives the impression that a negative impact on the market may not necessarily lead to a finding of unfair use. In Campbell v. Acufff-Rose Music, Inc., while not denying the fact that parody can harm the market at all, the Supreme Court of the United States surprisingly made a finding of fair use. Therefore, it is important to consider that the market impact is not always conclusive as to whether the use is unfair. If the case goes in appeal, it is important for the Supreme Court’s to examine the reasoning, necessary in order to appreciate its opinion and understand why a court

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

Literature states that the terms ’fair use’ and ‘fair dealing’ are regularly confused. Due to my own lack of awareness, I initially assumed that they were interchangeable terms. However having read a substantial amount about both, I appreciate that there is a significant difference in what they protect and how they protect it.

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