{"id":75,"date":"2011-12-05T01:38:14","date_gmt":"2011-12-05T01:38:14","guid":{"rendered":"http:\/\/blogs.law.harvard.edu\/cyberspaceincourt\/?p=75"},"modified":"2011-12-05T03:29:26","modified_gmt":"2011-12-05T03:29:26","slug":"75","status":"publish","type":"post","link":"https:\/\/archive.blogs.harvard.edu\/cyberspaceincourt\/2011\/12\/05\/75\/","title":{"rendered":"All is fair in love and copyright?"},"content":{"rendered":"

Moving on to something that\u2019s also related to copyright: fair use. While it\u2019s probably not something that you\u2019ll run into every day unless you\u2019re an artist or something similar, it\u2019s something that every netizen should keep in the back of their mind, as it\u2019s likely to be encountered at some point.<\/p>\n

What is fair use? It\u2019s essentially a way for people to use copyrighted work without permission from the rights holders. This is in place to make sure that creativity still flourishes and that artists won\u2019t be scared away from building on and critiquing the work of others, and that teachers would be able to have the ability to distribute material that they would otherwise not be able to.<\/p>\n

So what is considered fair use, and what is considered copyright infringement? According to the Copyright Act of 1976, these are four factors that determine whether something qualifies as fair use:<\/p>\n

    \n
  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;<\/li>\n
  2. the nature of the copyrighted work;<\/li>\n
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and<\/li>\n
  4. the effect of the use upon the potential market for or value of the copyrighted work.<\/li>\n<\/ol>\n

    Let\u2019s apply this to real life. While there\u2019s no clear cut algorithm where you can input yes\/no answers to the four questions above and get a clear cut answer saying whether something was fair use or copyright infringement, there are some blatant examples. For example, when copyrighted works are imitated to make a satirical point or for commentary, it will likely be protected under fair use. However, the courts ruled that a Harry Potter guide that quoted heavily from the series would not be protected as fair use. In fact, JK Rowling said something along the lines of the writer of guide eating the cherry from her cake or some equally hilarious comment.<\/p>\n

    So when will you ever encounter this? Imagine if you\u2019ve ever wanted to set some hilarious picture as your profile photo, or use a photo you found online in a project. Use the rules above to apply it to your situation and see if it\u2019s fair use or copyright infringement!<\/p>\n","protected":false},"excerpt":{"rendered":"

    Moving on to something that\u2019s also related to copyright: fair use. While it\u2019s probably not something that you\u2019ll run into every day unless you\u2019re an artist or something similar, it\u2019s something that every netizen should keep in the back of their mind, as it\u2019s likely to be encountered at some point. What is fair use? […]<\/p>\n","protected":false},"author":4479,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[38073],"tags":[],"class_list":["post-75","post","type-post","status-publish","format-standard","hentry","category-d"],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/archive.blogs.harvard.edu\/cyberspaceincourt\/wp-json\/wp\/v2\/posts\/75","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/archive.blogs.harvard.edu\/cyberspaceincourt\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/archive.blogs.harvard.edu\/cyberspaceincourt\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/cyberspaceincourt\/wp-json\/wp\/v2\/users\/4479"}],"replies":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/cyberspaceincourt\/wp-json\/wp\/v2\/comments?post=75"}],"version-history":[{"count":5,"href":"https:\/\/archive.blogs.harvard.edu\/cyberspaceincourt\/wp-json\/wp\/v2\/posts\/75\/revisions"}],"predecessor-version":[{"id":89,"href":"https:\/\/archive.blogs.harvard.edu\/cyberspaceincourt\/wp-json\/wp\/v2\/posts\/75\/revisions\/89"}],"wp:attachment":[{"href":"https:\/\/archive.blogs.harvard.edu\/cyberspaceincourt\/wp-json\/wp\/v2\/media?parent=75"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/cyberspaceincourt\/wp-json\/wp\/v2\/categories?post=75"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/cyberspaceincourt\/wp-json\/wp\/v2\/tags?post=75"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}