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20 Jul 15
sgoldmanlibLearn about the Four Factors that determine Fair Use of material for education. This website is for teachers, students, librarians and anyone interested in copyright.
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05 Jun 13
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12 May 13
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four factors to resolve fair use disputes
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these factors are only guidelines
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purpose and character
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nature of the copyrighted work
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amount and substantiality of the portion
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effect of the use
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academic and educational permissions
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Supreme Court
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been transformed
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Has the material
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Was value added
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Aging the character and placing him in present day does not add something new
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Purposes such as scholarship, research, or education may also qualify as transformative uses
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you have more leeway to copy from factual works such as biographies than you do from fictional works
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The less you take, the more likely that your copying will be excused as a fair use
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Another important fair use factor is whether your use deprives the copyright owner of income
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Fair use involves subjective judgments
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affected by factors such as a judge or jury’s personal sense of right or wrong
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Some people mistakenly believe
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it’s okay to use a photograph in a magazine as long as the name of the photographer is included.
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This is not true
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a prominently placed disclaimer may have a positive effect on the way the court perceives your use. However, generally a disclaimer by itself will not help
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26 Feb 13
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16 Dec 12
Robert MatheusFair Use
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14 Dec 12
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13 Dec 12
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- the purpose and character of your use
- the nature of the copyrighted work
- the amount and substantiality of the portion taken, and
- the effect of the use upon the potential market.
The four factors judges consider are:
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12 Dec 12
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- the purpose and character of your use
- the nature of the copyrighted work
- the amount and substantiality of the portion taken, and
- the effect of the use upon the potential market.
Measuring Fair Use: The Four Factors
Unfortunately, the only way to get a definitive answer on whether a particular use is a fair use is to have it resolved in federal court. Judges use four factors to resolve fair use disputes, as discussed in detail below. It’s important to understand that these factors are only guidelines that courts are free to adapt to particular situations on a case‑by‑case basis. In other words, a judge has a great deal of freedom when making a fair use determination, so the outcome in any given case can be hard to predict.
The four factors judges consider are:
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The Transformative Factor: The Purpose and Character of Your Use
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The Nature of the Copyrighted Work
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The Amount and Substantiality of the Portion Taken
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The Effect of the Use Upon the Potential Market
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11 Dec 12
GLORY THOMPSONThe 4 Factors Judges Consider: The Purpose, Nature, Amount, and the Effect of the use upon potential mark
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- the purpose and character of your use
- the nature of the copyrighted work
- the amount and substantiality of the portion taken, and
- the effect of the use upon the potential market
The four factors judges consider are:
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Brent AllisonStaford Law Library
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- the purpose and character of your use
- the nature of the copyrighted work
- the amount and substantiality of the portion taken, and
- the effect of the use upon the potential market.
Measuring Fair Use: The Four Factors
Unfortunately, the only way to get a definitive answer on whether a particular use is a fair use is to have it resolved in federal court. Judges use four factors to resolve fair use disputes, as discussed in detail below. It’s important to understand that these factors are only guidelines that courts are free to adapt to particular situations on a case‑by‑case basis. In other words, a judge has a great deal of freedom when making a fair use determination, so the outcome in any given case can be hard to predict.
The four factors judges consider are:
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17 Oct 12
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- the purpose and character of your use
- the nature of the copyrighted work
- the amount and substantiality of the portion taken, and
- the effect of the use upon the potential market.
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Roger borrows several quotes from the speech given by the CEO of a logging company. Roger prints these quotes under photos of old-growth redwoods in his environmental newsletter. By juxtaposing the quotes with the photos of endangered trees, Roger has transformed the remarks from their original purpose and used them to create a new insight. The copying would probably be permitted as a fair use.
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16 Oct 12
riverabarbara35Measuring Fair Use: The Four Factors
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14 Oct 12
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13 Oct 12
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- the purpose and character of your use
- the nature of the copyrighted work
- the amount and substantiality of the portion taken, and
- the effect of the use upon the potential market.
The four factors judges consider are:
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- Has the material you have taken from the original work been transformed by adding new expression or meaning?
- Was value added to the original by creating new information, new aesthetics, new insights, and understandings?
At issue is whether the material has been used to help create something new or merely copied verbatim into another work. When taking portions of copyrighted work, ask yourself the following questions:
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Purposes such as scholarship, research, or education may also qualify as transformative uses because the work is the subject of review or commentary
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Because the dissemination of facts or information benefits the public, you have more leeway to copy from factual works such as biographies than you do from fictional works such as plays or novels.
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In addition, you will have a stronger case of fair use if you copy the material from a published work than an unpublished work
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In other words, you are more likely to run into problems if you take the most memorable aspect of a work. For example, it would probably not be a fair use to copy the opening guitar riff and the words “I can’t get no satisfaction” from the song “Satisfaction.”
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Another important fair use factor is whether your use deprives the copyright owner of income or undermines a new or potential market for the copyrighted work.
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12 Oct 12
colibrariesLearn about the Four Factors that determine Fair Use of material for education. This website is for teachers, students, librarians and anyone interested in copyright.
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Kristi JarvisThe four factors of fair use with examples from Stanford University Library
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02 Oct 12
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Unfortunately, the only way to get a definitive answer on whether a particular use is a fair use is to have it resolved in federal court.
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these factors are only guidelines that courts are free to adapt to particular situations on a case‑by‑case basis. In other words, a judge has a great deal of freedom when making a fair use determination
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In a 1994 case, the Supreme Court emphasized this first factor as being a primary indicator of fair use
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At issue is whether the material has been used to help create something new or merely copied verbatim into another work.
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- Has the material you have taken from the original work been transformed by adding new expression or meaning?
- Was value added to the original by creating new information, new aesthetics, new insights, and understandings?
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After Salinger sued, the sequel’s author claimed that his work was a parody, an argument rejected by the district court primarily because the work was not transformative.
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Determining what is transformative—and the degree of transformation—is often challenging
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Because the dissemination of facts or information benefits the public, you have more leeway to copy from factual works such as biographies than you do from fictional works such as plays or novels.
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In addition, you will have a stronger case of fair use if you copy the material from a published work than an unpublished work. The scope of fair use is narrower for unpublished works because an author has the right to control the first public appearance of his or her expression.
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However, even if you take a small portion of a work, your copying will not be a fair use if the portion taken is the “heart” of the work
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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. That’s because, as the Supreme Court has acknowledged, “the heart is also what most readily conjures up the [original] for parody, and it is the heart at which parody takes aim.” (Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994).)
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The court disagreed, stating that it did not matter whether the photographer had considered making sculptures; what mattered was that a potential market for sculptures of the photograph existed
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Again, parody is given a slightly different fair use analysis with regard to the impact on the market. It’s possible that a parody may diminish or even destroy the market value of the original work. That is, the parody may be so good that the public can never take the original work seriously again. Although this may cause a loss of income, it’s not the same type of loss as when an infringer merely appropriates the work. As one judge explained, “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.”
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In some cases, the amount of material copied is so small (or “de minimis”) that the court permits it without even conducting a fair use analysis.
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“appear fleetingly and are obscured, severely out of focus, and virtually unidentifiable.” The court excused the use of the photographs as “de minimis” and didn’t require a fair use analysis.
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The court stated that the poster was clearly visible and recognizable with sufficient observable detail for the “average lay observer” to view the artist’s imagery and colorful style.
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When you review fair use cases, you may find that they sometimes contradict one another or conflict with the rules expressed in this chapter. Fair use involves subjective judgments and are often affected by factors such as a judge or jury’s personal sense of right or wrong
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For example, they believe it’s okay to use a photograph in a magazine as long as the name of the photographer is included
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Does It Help to Use a Disclaimer?
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Will it help your position if you use a disclaimer? In close cases where the court is having a difficult time making a fair use determination, a prominently placed disclaimer may have a positive effect on the way the court perceives your use
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That is, if the fair use factors weigh against you, the disclaimer won’t make any difference
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Despite the disclaimer, the court held that the use of the Seinfeld materials was an infringement, not a fair use.
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Marquetta Hickenbottom4 elements
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- the purpose and character of your use
- the nature of the copyrighted work
- the amount and substantiality of the portion taken, and
- the effect of the use upon the potential market.
The four factors judges consider are:
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- Has the material you have taken from the original work been transformed by adding new expression or meaning?
- Was value added to the original by creating new information, new aesthetics, new insights, and understandings?
The Transformative Factor: The Purpose and Character of Your Use
In a 1994 case, the Supreme Court emphasized this first factor as being a primary indicator of fair use. At issue is whether the material has been used to help create something new or merely copied verbatim into another work. When taking portions of copyrighted work, ask yourself the following questions:
In a parody, for example, the parodist transforms the original by holding it up to ridicule. At the same time, a work does not become a parody simply because the author models characters after those found in a famous work. For example, in a case involving the author J.D. Salinger, an author wrote a book in which a character known as Mr. C was allegedly modeled after the character of Holden Caulfield, from Salinger’s Catcher in the Rye. After Salinger sued, the sequel’s author claimed that his work was a parody, an argument rejected by the district court primarily because the work was not transformative. Aging the character and placing him in present day does not add something new, particularly since the character’s personality remains intact as derived from the original work. (Salinger v. Colting, 641 F. Supp. 2d 250 (S.D. N.Y. 2009).)
Purposes such as scholarship, research, or education may also qualify as transformative uses because the work is the subject of review or commentary.
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EXAMPLE: Roger borrows several quotes from the speech given by the CEO of a logging company. Roger prints these quotes under photos of old-growth redwoods in his environmental newsletter. By juxtaposing the quotes with the photos of endangered trees, Roger has transformed the remarks from their original purpose and used them to create a new insight. The copying would probably be permitted as a fair use.
Determining what is transformative—and the degree of transformation—is often challenging. For example, the creation of a Harry Potter encyclopedia was determined to be “slightly transformative” (because it made the Harry Potter terms and lexicons available in one volume), but this transformative quality was not enough to justify a fair use defense in light of the extensive verbatim use of text from the Harry Potter books. (Warner Bros. Entertainment, Inc. v. RDR Books, 575 F. Supp. 2d 513 (S.D. N.Y. 2008).)
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The Nature of the Copyrighted Work
Because the dissemination of facts or information benefits the public, you have more leeway to copy from factual works such as biographies than you do from fictional works such as plays or novels.
In addition, you will have a stronger case of fair use if you copy the material from a published work than an unpublished work. The scope of fair use is narrower for unpublished works because an author has the right to control the first public appearance of his or her expression.
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The Amount and Substantiality of the Portion Taken
The less you take, the more likely that your copying will be excused as a fair use. However, even if you take a small portion of a work, your copying will not be a fair use if the portion taken is the “heart” of the work. In other words, you are more likely to run into problems if you take the most memorable aspect of a work. For example, it would probably not be a fair use to copy the opening guitar riff and the words “I can’t get no satisfaction” from the song “Satisfaction.”
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. That’s because, as the Supreme Court has acknowledged, “the heart is also what most readily conjures up the [original] for parody, and it is the heart at which parody takes aim.” (Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994).)
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The Effect of the Use Upon the Potential Market
Another important fair use factor is whether your use deprives the copyright owner of income or undermines a new or potential market for the copyrighted work. Depriving a copyright owner of income is very likely to trigger a lawsuit. This is true even if you are not competing directly with the original work. For example, in one case an artist used a copyrighted photograph without permission as the basis for wood sculptures, copying all elements of the photo. The artist earned several hundred thousand dollars selling the sculptures. When the photographer sued, the artist claimed his sculptures were a fair use because the photographer would never have considered making sculptures. The court disagreed, stating that it did not matter whether the photographer had considered making sculptures; what mattered was that a potential market for sculptures of the photograph existed. (Rogers v. Koons, 960 F.2d 301 (2d Cir. 1992).)
Again, parody is given a slightly different fair use analysis with regard to the impact on the market. It’s possible that a parody may diminish or even destroy the market value of the original work. That is, the parody may be so good that the public can never take the original work seriously again. Although this may cause a loss of income, it’s not the same type of loss as when an infringer merely appropriates the work. As one judge explained, “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).)
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25 Aug 12
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The “Fifth” Fair Use Factor: Are You Good or Bad?
When you review fair use cases, you may find that they sometimes contradict one another or conflict with the rules expressed in this chapter. Fair use involves subjective judgments and are often affected by factors such as a judge or jury’s personal sense of right or wrong. Despite the fact that the Supreme Court has indicated that offensiveness is not a fair use factor, you should be aware that a morally offended judge or jury may rationalize its decision against fair use.
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24 Aug 12
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- the purpose and character of your use
- the nature of the copyrighted work
- the amount and substantiality of the portion taken, and
- the effect of the use upon the potential market.
Measuring Fair Use: The Four Factors
Unfortunately, the only way to get a definitive answer on whether a particular use is a fair use is to have it resolved in federal court. Judges use four factors to resolve fair use disputes, as discussed in detail below. It’s important to understand that these factors are only guidelines that courts are free to adapt to particular situations on a case‑by‑case basis. In other words, a judge has a great deal of freedom when making a fair use determination, so the outcome in any given case can be hard to predict.
The four factors judges consider are:
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Another important fair use factor is whether your use deprives the copyright owner of income or undermines a new or potential market for the copyrighted work. Depriving a copyright owner of income is very likely to trigger a lawsuit.
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23 Aug 12
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22 Aug 12
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- the purpose and character of your use
- the nature of the copyrighted work
- the amount and substantiality of the portion taken, and
- the effect of the use upon the potential market.
The four factors judges consider are:
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21 Aug 12
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19 Aug 12
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- the purpose and character of your use
- the nature of the copyrighted work
- the amount and substantiality of the portion taken, and
- the effect of the use upon the potential market.
The four factors judges consider are:
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- Has the material you have taken from the original work been transformed by adding new expression or meaning?
- Was value added to the original by creating new information, new aesthetics, new insights, and understandings?
. When taking portions of copyrighted work, ask yourself the following questions:
-
In a parody, for example, the parodist transforms the original by holding it up to ridicule. At the same time, a work does not become a parody simply because the author models characters after those found in a famous work
-
Purposes such as scholarship, research, or education may also qualify as transformative uses because the work is the subject of review or commentary.
-
The less you take, the more likely that your copying will be excused as a fair use. However, even if you take a small portion of a work, your copying will not be a fair use if the portion taken is the “heart” of the work. In other words, you are more likely to run into problems if you take the most memorable aspect of a work.
-
Another important fair use factor is whether your use deprives the copyright owner of income or undermines a new or potential market for the copyrighted work
-
. Depriving a copyright owner of income is very likely to trigger a lawsuit.
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As one judge explained, “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).)
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- the purpose and character of your use
- the nature of the copyrighted work
- the amount and substantiality of the portion taken, and
- the effect of the use upon the potential market.
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28 Jun 12
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- the purpose and character of your use
- the nature of the copyrighted work
- the amount and substantiality of the portion taken, and
- the effect of the use upon the potential market.
Unfortunately, the only way to get a definitive answer on whether a particular use is a fair use is to have it resolved in federal court. Judges use four factors to resolve fair use disputes, as discussed in detail below. It’s important to understand that these factors are only guidelines that courts are free to adapt to particular situations on a case‑by‑case basis. In other words, a judge has a great deal of freedom when making a fair use determination, so the outcome in any given case can be hard to predict.
The four factors judges consider are:
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- the purpose and character of your use
- the nature of the copyrighted work
- the amount and substantiality of the portion taken, and
- the effect of the use upon the potential market
Measuring Fair Use: The Four Factors
Unfortunately, the only way to get a definitive answer on whether a particular use is a fair use is to have it resolved in federal court. Judges use four factors to resolve fair use disputes, as discussed in detail below. It’s important to understand that these factors are only guidelines that courts are free to adapt to particular situations on a case‑by‑case basis. In other words, a judge has a great deal of freedom when making a fair use determination, so the outcome in any given case can be hard to predict.
The four factors judges consider are:
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30 Apr 12
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23 Apr 12
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Measuring Fair Use: The Four Factors
Unfortunately, the only way to get a definitive answer on whether a particular use is a fair use is to have it resolved in federal court. Judges use four factors to resolve fair use disputes, as discussed in detail below. It’s important to understand that these factors are only guidelines that courts are free to adapt to particular situations on a case‑by‑case basis. In other words, a judge has a great deal of freedom when making a fair use determination, so the outcome in any given case can be hard to predict.
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- the purpose and character of your use
- the nature of the copyrighted work
- the amount and substantiality of the portion taken, and
- the effect of the use upon the potential market.
The four factors judges consider are:
-
At issue is whether the material has been used to help create something new or merely copied verbatim into another work. When taking portions of copyrighted work, ask yourself the following questions:
-
you have more leeway to copy from factual works such as biographies than you do from fictional works such as plays or novels.
-
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21 Apr 12
michael howardfair use
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20 Apr 12
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19 Apr 12
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Judges use four factors to resolve fair use disputes
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- the purpose and character of your use
- the nature of the copyrighted work
- the amount and substantiality of the portion taken, and
- the effect of the use upon the potential market.
The four factors judges consider are:
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18 Apr 12
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Again, parody is given a slightly different fair use analysis with regard to the impact on the market. It’s possible that a parody may diminish or even destroy the market value of the original work. That is, the parody may be so good that the public can never take the original work seriously again.
-
When you review fair use cases, you may find that they sometimes contradict one another or conflict with the rules expressed in this chapter. Fair use involves subjective judgments and are often affected by factors such as a judge or jury’s personal sense of right or wrong. Despite the fact that the Supreme Court has indicated that offensiveness is not a fair use factor, you should be aware that a morally offended judge or jury may rationalize its decision against fair use.
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16 Apr 12
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02 Apr 12
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20 Mar 12
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- the purpose and character of your use
- the nature of the copyrighted work
- the amount and substantiality of the portion taken, and
- the effect of the use upon the potential market.
The four factors judges consider are:
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Public Stiky Notes
It give new meaning and we added value.
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