Fair Use Act Disclaimer

Fair Use Act Disclaimer

This video presentation is for nonprofit educational purposes.  Section 107 of the Copyright Act provides the statutory framework for Fair Use which permits the unlicensed use of copyright-protected works in certain circumstances — such as criticism, comment, news reporting, teaching, scholarship, and research.  (17 U.S.C. § 107.)

https://www.copyright.gov/fair-use/more-info.html

https://jost.syr.edu/home-2/fair-use-act-disclaimer/

https://ogc.harvard.edu/pages/copyright-and-fair-use

https://ogc.harvard.edu/files/ogc/files/ogc_copyright_and_fair_use_guide_5-31-16.pdf?m=1464875856

https://www.hup.harvard.edu/resources/authors/pdf/hup-author-guidelines-permissions-and-credits-November-2017.pdf

https://ogc.harvard.edu/pages/copyright-and-fair-use

https://hls.harvard.edu/dept/its/fair-use-and-copyrighted-material/

https://ogc.harvard.edu/files/ogc/files/ogc_copyright_and_fair_use_guide_5-31-16.pdf?m=1464875856

https://ogc.harvard.edu/pages/copyright-and-fair-use

https://guides.library.illinois.edu/copyrightreferenceguide/fairuse

https://www.loc.gov/flicc/gc/fairuse.html

https://uk.practicallaw.thomsonreuters.com/1-502-0733?transitionType=Default&contextData=(sc.Default)&firstPage=true

https://nic.libguides.com/copyrightforstudents

https://fairuse.stanford.edu/overview/fair-use/four-factors/

https://guides.library.brandeis.edu/c.php?g=301951&p=2018329

https://www.hup.harvard.edu/resources/authors/pdf/hup-author-guidelines-permissions-and-credits-November-2017.pdf

https://jost.syr.edu/home-2/fair-use-act-disclaimer/

Fair Use Act Disclaimer

This site is for educational purposes only.

Fair Use

Copyright Disclaimer under section 107 of the Copyright Act of 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research.

Fair use is a use permitted by copyright statute that might otherwise be infringing.

Fair Use Definition

Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as commentary, criticism, news reporting, research, teaching or scholarship. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test.

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What considerations are relevant in applying the first fair use factor—the purpose and character of the use?

advances a socially beneficial activity

like those listed in the statute: criticism, comment, news reporting, teaching, scholarship, or research.  

whether the use is commercial or noncommercial 

and 

whether the use is “transformative.” 

Noncommercial use is more likely to be deemed fair use than commercial use, 

In recent years, the courts have focused increasingly on whether the use in question is “transformative.”  A work is transformative if, in the words of the Supreme Court, it “adds something new, with a further purpose or different character, altering the first with new expression, meaning or message.” 

Courts have also recognized, however, that 

non-transformative uses may be socially beneficial, 

and that 

a use does not have to be transformative to support a finding of fair use.  

whether the use in question is a reasonable and customary practice 

and whether the putative fair user has acted in bad faith 

or denied credit to the author of the copyrighted work.

https://ogc.harvard.edu/pages/copyright-and-fair-use

https://community.pepperdine.edu/law/writing-center/content/bluebook-v-california-style.pdf

https://guides.library.lls.edu/c.php?g=497703&p=3407469

http://www.sdap.org/downloads/Style-Manual.pdf

https://guides.library.lls.edu/c.php?g=497703&p=3407472

https://guides.library.lls.edu/c.php?g=497703&p=3407458

https://guides.library.lls.edu/bluebook