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Copyright and Fair Use
Q: Can we copy and publish material we find through an online search engine like Google Images?
A: The fact that material is available and easily copied on a website does not lessen its copyright protection
Q: Does it protect you against a copyright claim if you properly credit the artwork you are copying?
A: Not at all. Coyright is concerned with consent, not credit. It’s ethically correct, but it is not a legal defense.
Q: Can we use the logo of a business – like Pepsi or Facebook – without getting permission?
A: Yes, in connection with a news or feature story about the company or the industry, like a story about the popularity of Facebook. However, you can’t use it for purely marketing purposes, like a facebook logo on the yearbook cover in hopes of selling more books.
Q: Can you reuse only 30 seconds of a song, or only 10% of an article without getting in trouble with copyright?
A: There is no clear answer. Copyright Act itself contains no numerical or percentage “safe zone.” Material can safely be reused – a “fair use” – if the amount taken is limited to only what is necessary. Ex: a clip from a film to illustrate a movie review that doesn’t detract from the economic value of the original.
Q: Where can you find photos, videos and documents online that are fair game to be used without permission?
A: Federal government (.gov) sites like the White House, FEMA, NASA and others.
Q: So, how do people get away with using copyrighted material…like the Ridge Review?
A: Umm…what? Well, fortunately we haven’t had anyone contact our publication (to be honest). There are places that sell their photos, content, etc. and then you can use it. Have you ever seen a song, video, etc. all of a sudden not show up on Youtube?? Copyright is alive and big brother is watching!
Fair Use
The use is for a nonprofit, educational purpose.
It doesn’t affect the potential sales market of the original work.
It doesn’t reproduce a substantial portion of the work (regardless of the length of the work).
Other ideas – Court consideration
The more creative the product, the more protection it gets from the courts…a chart vs. a symphony.
The question to ask is: Did I take the “heart and soul” of the copyrighted work. If so, too much! Gerald Ford book example!
Is what you used a substitute for the original and the original is no longer needed?
Living in an Amish Paradise!
How does Weird Al get away with copying other artists’ songs? You can use copyrighted material if you so greatly alter the material
that you transform it into a new work.
Weird Al still asks for permission.
Rappers still ask for permission.
Movies too!
