Fair Use: the legal use of copyright material

To decide if the use of copyright material is "fair" a court will look at 4 aspects:

1. The purpose and character of the use of copyrighted work
   • Transformative quality - Is the new work the same as the copyrighted work, or have you transformed the original work, using it in a new and different way?
   • Commercial or noncommercial - Will you make money from the new work, or is it intended for nonprofit, educational, or personal purposes? Commercial uses can still be fair uses, but courts are more likely to find fair use where the use is for noncommercial purposes.

• The nature of the copyrighted work
  A particular use is more likely to be considered fair when the copied work is factual rather than creative.

• The amount and substantiality of the portion used in relation to the copyrighted work as a whole
  How much of the copyrighted work did you use in the new work? Copying nearly all of the original work, or copying its "heart," may weigh against fair use. But "how much is too much" depends on the purpose of the second use. Parodies, for example, may need to make extensive use of an original work to get the point across.2

• The effect of the use upon the potential market for or value of the copyrighted work
  This factor applies even if the original is given away for free. If you use the copied work in a way that substitutes for the original in the market, that will weigh against fair use. Uses of copyrighted material that serve a different audience or purpose are more likely to be considered fair.

Impacts of Copyright infringement

Positive

• Access to material that is inaccessible otherwise
• Educational value of some information
• Value of service over product

Negative

• Economic Impact on copyright owner
• lower production of creative work.
• Job loss.

Ways to prevent copyright infringment

Legal Action

Help from ISPs

Service models

DRM