Saturday, March 13, 2010
Can I Use This? - The Fair Use Doctrine
Not too long ago, B.A.F.F.L.E.D. gave a quick tutorial on intellectual property law. For anyone savvy on the ins and outs of copyright, trademarks and patents, you know the posting was just the tip of the iceberg. For those seeking more info, here ya go...
One of the main components of IP law is the Fair Use Doctrine. This doctrine is major in the fields on fashion, business, and entertainment. Fair Use allows limited use of copyrighted material but does not require permission from the copyright holder.
Fair use is:
-a means for softening the monopoly of copyright
-a connection between Copyright and 1st Amendment
-a reflection of implied consent of copyright owners
-required by the public benefit rationale of the Copyright Act
-an economic efficiency rationale, i.e. a way to cure market failure
4 Factors for Determining Fair Use:
1) The purpose and character of the use
2) Nature of the copyrighted work
3) The portion used in comparison to the whole copyrighted work
4) The impact and effect of the use on the potential market
Works such as editorials, articles, or essays are not an infringement of fair use when used as: (not all-inclusive)
o News reporting
Fair Use is governed by the US Copyright Office.
B.A.F.F.L.E.D. will continue to post information about the legal aspect of fashion, entertainment, and business in general. Let us know what you'd like to see!