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cc-eyebeam - [cc-eyebeam] Fair Use and the Copyright

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Subject: Creative Commons-Eyebeam Forum 2003 November 12-19

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  • From: garvinpr AT fastmail.fm
  • To: cc-eyebeam AT lists.ibiblio.org
  • Subject: [cc-eyebeam] Fair Use and the Copyright
  • Date: Thu, 13 Nov 2003 11:14:20 -0500 (EST)


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<p><font size="2" face="Verdana, Arial,
Helvetica, sans-serif">Hello everyone,<!-- @@/
font--></p>
<p><font size="2" face="Verdana, Arial,
Helvetica, sans-serif">It is nice to be
a part of this discussion. And thanks to
Creative Commons for addressing a very
relevant issue: the space between hard
copyright and unfettered use.</font></p>
<p><font size="2" face="Verdana, Arial,
Helvetica, sans-serif">I would like to
bring into this discussion the "Fair
Use" clause of the Copyright
Act of 1976. Just so everyone is on the same
page, here the relevant text:</font></p>
<blockquote>
<p><font size="2" face="Verdana, Arial,
Helvetica, sans-serif">Section 107 of
the Copyright Act of 1976. Limitations on
exclusive rights: Fair use

Notwithstanding the provisions of sections
106 and 106A, the fair use of a
copyrighted work, including such use by
reproduction in copies or phonorecords
or by any other means specified in that
section, for purposes such as criticism,
comment, news reporting, teaching
(including multiple copies for classroom
use), scholarship, or research, is not an
infringement of copyright.

In determining whether the use made of a
work in any particular case is a
fair use the factors to be considered
shall include --

1. the purpose and character of the use,
including whether such use is of
a commercial nature or is for nonprofit
educational purposes;

2. the nature of the copyrighted work;

3. the amount and substantiality of the
portion used in relation to the copyrighted
work as a whole; and

4. the effect of the use upon the
potential market for or value of the
copyrighted
work.The fact that a work is unpublished
shall not itself bar a finding of
fair use if such finding is made upon
consideration of all the above factors.
</font></p>
</blockquote>
<p><font size="2" face="Verdana, Arial,
Helvetica, sans-serif">I think that the
Fair Use clause allows individuals with
<em>non-commercial</em> intents to use
copyrighted material. If they have
<em>commercial</em> intent, then the Fair
Use clause would be less likely to apply.
Most people that are playing around
in their studio, or at art fairs, or
teaching courses can feel comfortable using
copyrighted material. It's when
<em>profiting</em> off of someone else's work
that licenses like Creative Commons' become
relevant. Thoughts?</font></p>
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