Dangerous Waters

Fair Use is by far the area that is the most difficult to traverse in the world of information. Fair Use has been used on the internet for many different pieces of information, however, finding what constitues fair use could be as difficult as traversing a minefield. First, there is no standard law that defines Fair Use, so we’re already in a tricky area. Second, the definition of what constitutes Fair Use is “fair use of a copyrighted work … for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright” (Cohen). Even then we run into some problems, because even if one were to follow this definition, there is still a possibility that one could unknowingly commit copyright infringement.

The Bare Bones

Factors That Constitute Fair Use:

1. “’The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes’ (nonprofit educational uses are more likely to be fair as are those involving criticism, commentary, and parody);” (Cohen).
2. “’The nature of the copyrighted work’ (uses of creative and unpublished works are less likely to be fair; uses of factual, published, and out-of-print works are more likely to be fair);” (Cohen).
3. “’The amount and substantiality of the portion used in relation to the copyrighted work as a whole’ (the smaller and less “central” the portion used, the more likely it is to be fair);” (Cohen).
4. “’The effect of the use upon the potential market for or value of the copyrighted work’ (using out-of-print works and works for which there is no permissions market is more likely to be fair)” (Cohen).

Order and Chaos

While the above factors do give us an idea of what constitues fair use, we are still in the midst of a chaotic premise. Essentially, even if a document fits one of these categories, it could still be considered copy right infringement based on whether or not it violates any of the other factors.

Knowledge is Key

The Fair Use system may seem daunting, but that is why it is worthy of study. By studying the conditions of Fair Use in conjuction with your own project, it is possible to avoid any legal mishaps. This system in of itself could be the best for the free exchange of ideas.

~ by graham19 on September 24, 2012 .