Lesson #2 What About Fair Use?

© 2005 - 2012 by Cru aka Tori Beveridge All Rights Reserved


The Fair Use Disclaimer. Most of us have seen it and read it, because we see it being used ... often.


Does it really apply to us?

Good questions and ones we will answer by asking more questions. This lesson will be all about questions.

Why are people using Fair Use as a disclaimer?

Fair Use is based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary, education and criticism. Under Fair Use, people may make limited use of copyrighted work without asking permission. "Without asking permission".. now we know why people are using it. They are not asking permission and trying to find a law, which will protect them, if someone confronts them on their use of work without permission.

Now we know why people are using it, let's find out if it really does apply to us.

What is covered by Fair Use?


107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include”

(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; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

So... what does Fair Use really cover? What uses of copyrighted materials are really Fair Use?

#1 Criticism and comment -- for example, quoting or excerpting a work in, say, a restaurant or theatre review or criticism, for purposes of illustration or comment.

#2 News reporting -- for example, summarizing an address or article, with brief quotations, in a news report.

#3 Research -- for example, quoting a short passage in a scholarly, scientific, or technical work for illustration or clarification of the author's observations.

#4 Nonprofit educational uses -- for example, photocopying of limited portions of written works by teachers for classroom use.

#5 Parody -- that is, a work that makes fun of another work by imitating it in a funny, satirical way.

Which, if any, of these reasons to use Fair Use apply to us in the PSP community? Many people site the educational area, stating that we are learning how to PSP. Do we really need to use copyrighted materials to learn how to PSP, when tubes come supplied with PSP?

There are some rules you can use to determine when a use is Fair Use (or being able to use copyrighted work without permission)

Use these rules to determine Fair Use:

#1 Are you creating something new or just copying? The purpose and character of your intended use is important in determining whether the use is fair or not.

#2 Are you competing with the source you are copying from? You cannot use someone else's work in a way that might impair/harm or potentially impair/harm the market for their work.

#3 I gave the artist credit, so I am off the hook, right? So, I'm covered under Fair Use? No. Giving credit and Fair Use are two entirely different things. Either you have the right to use the artist's work under Fair Use or you don't.

#4 How much of the copyright holders work are you taking? The more you take, the less likely your use is Fair Use. It is not fair use to quote 500 words of a 600 word essay or story. The rule of thumb is not to take more than one chart or diagram.

Does tubing, tagging, stationery and webset making fall under Fair Use? I think you can answer this question now.

Could someone using it, potentially violate the copyright holder's copyrights?

Oh, and by the way, does Fair Use say anywhere that you do not have to give credit to the creator of the original work?

We've asked alot of questions in this lesson and hopefully made you think about "Fair Use".

You may link to this lesson, but please do not copy it and place it on any other website, or claim it as your own.


© 2005 - 2012 by Cru aka Tori Beveridge All Rights Reserved