Aaron Slutsky's List: fairuse

• 1. 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:

   
   
  • 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?
     
      In a parody, for example, the parodist transforms the original by holding it up to ridicule. Purposes such as scholarship, research or education may also qualify as transformative uses because the work is the subject of review or commentary.
   
   

   

   
   

  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.
• • I interprect this as allowing us to rewrite lyrics to a song.
    
    It give new meaning and we added value.
  Add Sticky Note

• SIX: QUOTING IN ORDER TO RECOMBINE ELEMENTS TO MAKE A NEW WORK THAT DEPENDS FOR ITS MEANING ON (OFTEN UNLIKELY) RELATIONSHIPS BETWEEN THE ELEMENTS
• for example, as in “Bush Blair Endless Love,” changes the meaning of all three pieces of copyrighted material
• For example, fair use will not apply when a copyrighted song is used in its entirety as a sound track for a newly created video simply because the music evokes a desired mood rather than to change its meaning;

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• Check number 6 also highlighter - Aaron Slutsky on 2008-09-30

• When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use.

• Guidelines

   

  In the attempt to simplify some applications of fair use, guidelines   have emerged over time. Originally, accompanying the Copyright Act of   1976 Congress included, in H.R. 94-1476, the most well known set of   guidelines, Guidelines   for Classroom Copying in Not-for-Profit Educational Institutions with   Respect to Books and Periodicals. These guidelines served as a model   for subsequent draft guidelines published later in the 70's and 80's,   Guidelines for Educational Uses of Music and Guidelines for Off-Air   Recordings of Broadcast Programming for Educational Purposes.

   

  Later still, during the 90's, the Clinton administration commissioned   the Conference on Fair Use (CONFU) to address concerns about emerging   digital technology. CONFU released draft guidelines on distance education,   multimedia, images, electronic reserve services in libraries, and interlibrary   loan. No consensus agreement has been achieved surrounding CONFU guidelines   and they remain in draft.

   

  In considering guidelines it is important to note that they are not   the law. In 1976 Congress intentionally omitted H.R.94-1476 from copyright   statute. These guidelines along with all subsequent guidelines are quick   to point that they not law and furthermore that they express minimum   standards for fair use, and finally that there may be instances where   use which does not fall within guidelines may nonetheless be permitted   under fair use.