Copyright:. What is Fair Use?. Copyright is protection for the authors of creative works, but what does it protect?. It does NOT protect:. individual words or short phrases familiar symbols and designs mere variation of typographic ornamentation lettering or coloring
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What is Fair Use?
for the authors of creative works,
but what does it protect?
individual words or short phrases
familiar symbols and designs
mere variation of typographic ornamentation
lettering or coloring
mere listing of ingredients or contents
facts, such as baseball statistics
Therefore, these sorts of items may be used
without worrying about copyright infringement
Therefore, to use these sorts of items legally, you need either the copyright owner’s permission, or your use needs to fall under a copyright exemption, such as Fair Use.
“a too literal enforcement of the copyright owner’s rights would operate to the detriment of the public interest in access to and dissemination of knowledge and culture, and unauthorized copying can be tolerated without significant economic injury to the copyright owner.”
Campbell v. Acuff-Rose Music, Inc. 510 U.S. 569 (1994)
The only way such a determination can be made for sure is by the courts.
It is a concept intended to be flexible and dynamic, but the following general examples are often cited as fairly definite:
In the Copyright Act of 1976, Congress for the first time codified the idea of Fair Use, and provided the following test to be used to determine when it applies…
These factors are not to be “treated in isolation… All are to be explored, and the results weighed together, in light of the purposes of copyright.”
Campbell v. Acuff-Rose Music, Inc. 510 U.S. 578 (1994)
of the Portion Used
For specialized advice on fair use and multimedia, contact the folks at our Academic Imaging & Media Center (http://www.stmarytx.edu/aimc)