Copyright
and
fair use
CM 109
07 November 2013
Dr. Luedtke
What is the purpose of Copyright?
Copyrights
The constitution
Article I, section 8, clause 8 of the United
States Constitution provides that Congress shall have the power: "to
promote the Progress of Science and useful Arts, by securing for limited times
to Authors and Inventors the exclusive Right to their respective Writings and
Discoveries." (emphasis mine)
Section 8 of Article I gives Congress the power
to take such actions as declare war, coin money, raise and support Armies, and
provide and maintain a navy.
The history
Printing Press introduced to England in 1476.
The Crown and the Stationer's Company
Copyright in the US
- Anti-Monopoly
- Anti-Censorship
- Promotion of Knowledge and Learning
- Incentive for Innovation
- Stimulate Artistic Creativity
US Supreme Court: "The Immediate effect of our copyright law is to secure a fair return for an 'author's' creative labor. But the ultimate aim is, by this incentive, to stimulate artistic creativity for the general public good.
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
(2) the nature of the copyrighted work
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole
(4) the effect of the use upon the potential market for or value of the copyrighted work
Users' Rights
Guidelines Based upon bill graham archives vs. dorling Kindersley
1. Use as little as possible to accomplish your writerly goals
2. Remixing another's work with pieces of your own original work and more than one author's makes it more likely to be a fair use.
3. If your work is creative and the work you're using is creative, it's less likely to be a fair use. If you are using copyrighted creative material to make an argument, critique, or history, it is more likely to be a fair use.
4. Despite the recent push toward requesting permission, a fair use doesn't necessarily require one.
5. Assess your final work to see if it really is "your work." You can avoid plagiarism and still violate copyright.
A Fair(Y) Use tale
Copyright
By Dalyn Luedtke
