EditorialsPhotography

Copyrights & Fair Use Doctrine

 

Many photographers simply don’t understand the United States and International copyright law.  Those that write articles and look for images to illustrate their articles also may not fully understand their rights to use works taken from other sites of from the internet.

This article is meant to help you understand your right to protect your work and how to avoid violating another persons rights. For complete information and to register your works please visit the  US Copyright office introduction where you will find tons of information and links to the forms to copyright your work.

Click here to visit the US Copyright website

[quote]It is a principle of American law that an author of a work may reap the fruits of his or her intellectual creativity for a limited period of time. Copyright is a form of protection provided by the laws of the United States for original works of authorship, including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual creations. “Copyright” literally means the right to copy. The term has come to mean that body of exclusive rights granted by law to authors for protection of their work. The owner of copyright has the exclusive right to reproduce, distribute, and, in the case of certain works, publicly perform or display the work; to prepare derivative works; in the case of sound recordings, to perform the work publicly by means of a digital audio transmission; or to license others to engage in the same acts under specific terms and conditions. Copyright protection does not extend to any idea, procedure, process, slogan, principle, or discovery.[/quote]

The reason for understanding how the Fair Use Doctrine works, is to prevent you from missusing it.  On the internet it is so common to grab articles or images and use them as if they were your own, but this is not only wrong, but illegal.  One can only imagine the feeling one must have finding their works on other sites with the credit claimed by a new author or photographer.  It therefore becomes important, as we launch this new publication, that all of our contributing staff and even our readers, understand what you can and can’t use in your articles.

Fair Use Doctrine

One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U. S. Code). One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
The nature of the copyrighted work
The amount and substantiality of the portion used in relation to the copyrighted work as a whole
The effect of the use upon the potential market for, or value of, the copyrighted work
The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”

Copyright protects the particular way authors have expressed themselves. It does not extend to any ideas, systems, or factual information conveyed in a work.

[box_light]The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.[/box_light]

When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.

 

Len Rapoport
Len Rapoport Administrator
IPA Editor-In-Chief, ID: 1000 • I am an internationally published photographer and the founder of International Press Association. As president and editor-in-chief, my duties at IPA are extensive. For over 50 years I have written articles, had my photos published in millions of publications, record album covers, books, and in the digital media. I was senior marketing and sales executive for major corporations, including my own and as a corporate communications consultant. I have taught photography and formed IPA 20 years ago. I currently work from my home office and continue to actively cover media events in addition to all of my other IPA and IMPress responsibilities.
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Len Rapoport
Len Rapoport Administrator
IPA Editor-In-Chief, ID: 1000 • I am an internationally published photographer and the founder of International Press Association. As president and editor-in-chief, my duties at IPA are extensive. For over 50 years I have written articles, had my photos published in millions of publications, record album covers, books, and in the digital media. I was senior marketing and sales executive for major corporations, including my own and as a corporate communications consultant. I have taught photography and formed IPA 20 years ago. I currently work from my home office and continue to actively cover media events in addition to all of my other IPA and IMPress responsibilities.
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