While gathering digital resources for a Kid Spy Game, I need to educate myself about Fair Use copyright law. Understanding this isn’t hard and has made my life easier. It’ll do the same for you, via peace of mind and more available digital resources.
Stay with me. In a way, this reminds me of my insurance days when I spent hours daily pouring over policy contracts, exploiting the competitors coverage.
This is NOT like that. This takes only minutes to understand. So find a cozy place, something to drink (and maybe some toothpicks for your eyes… just kidding- it’s worth the read). Proceed.
Here are a couple links to get you started.
Does the reason and way you are using the source pass the Fair Use Balancing Test?
The material below is legally being use because I’m teaching with it. Source: Copyright.gov
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.
- The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
- The nature of the copyrighted work
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole
- The effect of the use upon the potential market for, or value of, the copyrighted work
The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”
There you have it.
If you are awake, please make share your thoughts below.