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Fair Use

From bowiki

Taken from Forum Post by Bodojo

We are allowed to upload and make materials available as long as they are to be used for educational purposes, there are differences on how this is handled in UK (Common law) and US (Statute law) but essentially it is reasonable for us to select a portion of a work for further study .

We must

  • Acknowledge the original copyright holder
  • use only the portion that is relevant
  • I suggest that we accompany files with a statement of "fair use for educational purposes"

a summary of the US statute is pasted in below

Fair Use In federal copyright law 17 U.S.C. §§101 et seq., refers to specific use of copyrighted materials without payment of royalties or which otherwise does not constitute an infringement of copyright; permitted use by copying and acknowledgment; refers to a "privilege in others than the owner of a copyright to use the copyrighted material in a reasonable manner without his consent, notwithstanding the monopoly granted to the owner [by the copyright]." 366 F. 2d 303, 306. Whether a use is considered a fair use depends upon the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use upon the market value of the copyright. Important factors include whether the copied material was creative or research-oriented; the status of the user (reviewer, scholar, compiler, parodist); extent of use (both qualitatively and quantitatively); the absence of an intent to plagiarize as evidenced by proper acknowledgment; the original contribution of the user. See Kaplan & Brown, Copyright 309-351 (4th ed. 1985).

The doctrine was originally judge-made in an effort to balance the economic incentives to creators of copyrighted works and the dissemination of those works to the public. 422 U.S. 151, 156. It was codified in the Copyright Act of 1976 and in its statutory form restated the language of the case law. 17 U.S.C. §107. It has been held that the fair use codification by Congress was not intended to depart from court-created principles and use factors developed in case law to determine fair use defense. 207 U.S.P.Q. 977; 542 F. Supp. 1156.

Here is a webpage outlining 'fair dealing' in several countries

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