Go Ahead And Use That Copyrighted Material, It's Fair Use!

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Go Ahead And Use That Copyrighted Material, It's Fair Use!

Copyright(c)2003 Stephen Bucaro

Most people would like to use a picture or some textual
information they found on the Web, but they assume that
copyright law prevents them from doing so. The copyright
law provides a "fair use" exception that permits you to
legally use copyrighted material for many purposes.

You can legally use copyrighted music, pictures, and
textual information that you find on the Web for purposes
such as critical review, news reporting, teaching or
training materials, or a research report. This type of use
is not a copyright infringement.

Copyright law does not precisely define fair use.
Determination of whether a use is fair use is made on a
case-by-case basis, determined by the following factors:

* The purpose and character of the use.

Examples of fair use are quoting passages for a critical
review, a news report, a parody or satire, to illustrate
a lesson, or a research report.

Fair use is very liberal for non-profit educational
purposes. But using copyrighted material in for-profit
training materials is much more restricted. In this case,
you need to get permission to use the material from the
copyright owner.

The use of a copyrighted character in a parody of the
performance that the character appears in is fair use.
Don't use a copyrighted character to parody a different
topic.

* The nature of the copyrighted material.

Fair use is very liberal when quoting factual material
in editorials, news reports, and research reports. Using
quotes from non-fictional or creative material is much
more restricted. In that case, stick to short quotes for
critical review, or get permission to use the material
from the copyright owner.

* The portion used in relation to the material as a whole.

Use of only a small portion of a copyrighted work for the
purposes mentioned above is usually fair use. The part of
the material you use should also be only a small portion
of the new work you are creating.

Make sure that the small portion that you are using is not
the most significant part of the copyrighted material.
Even though the part you use may be only a small portion
of the material, if it is the heart of the work, that
would be infringement. There is no clearly defined
definition as to what portion of a work the use of is
infringement.

* The effect on the value of the copyrighted work.

Make sure that the part of the work you use does not make
your new work substitutable for the copyrighted work. If
so, that is an infringement because it has reduced the
marketability of the copyrighted work.

=> Using Pictures of People

Use of a person's picture in a news story is fair use. You
can use the person's picture even if that person has only
a minimal connection to the news story. You can use a
person's picture in an article on a subject of general
public interest.

Determining whether you need permission to use a person's
name or picture depends on whether it's used to help sell
a product or service. You cannot use a person's name,
picture, or voice for commercial benefit without obtaining
their permission. Sometimes the distinction between use as
news and use for commercial purposes and is blurred. For
example, a web site might feature news stories and
advertising.

Never position a person's name or picture on a web page in
a way that implies that they endorse a product or service
without their permission. Never position a person's name
or picture on a web page in proximity to a news story with
a negative connotation. For example, if you position a
person's picture just above a story about homosexuality,
you might be sued for character defamation.

=> Use of Trademarks

You can use a trademark to advertise that you sell or
service products of a particular brand. Don't use a
trademark to falsely misrepresent yourself as an
authorized agent of that brand's company. You can also use
a competitor's trademark in comparative advertising. If you
do, make sure your claims are absolutely honest and can be
substantiated.

Sometimes a trademark inadvertently shows up in a
photograph. For example, an advertisement or a container's
label may show up in a photograph. There is rarely a
problem using a photograph for noncommercial use that
shows a trademark. Never use a photograph showing a
trademark in such a way as to imply that the trademark's
owner endorses a product or service.

To be absolutely safe, you should get the trademark owner's
permission. Many trademark owners will be happy to give
you permission without charge. In fact, many companies
pay fees to promote their trademark.

=> Copyright Infringement

Other than for fair use purposes, don't expect to get away
with using copyrighted material from the Web without the
owner's permission. Some companies use Web crawlers to
search for unauthorized use of their copyrighted material.

Make sure the person who gives you permission to use
copyrighted material actually owns the copyright to the
material, or the real owner could sue you for infringement.
Usually, if the person who gave you permission
misrepresented their ownership, you cannot be sued because
you would be an "innocent infringer".

In this article you have learned that there are many
purposes for which you can legally use copyrighted
material from the web. If you follow the copyright law's
rules for fair use it is not a copyright infringement.

Disclaimer: This information is provided with the
understanding that the author is not a lawyer. If legal
advice is required, the services of a competent
professional should be sought. By using this material, the
user assumes complete responsibility for any and all
damages resulting from that use.

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