5.1 Copyright law and fair use

Copyright law protects creators' rights while fair use allows limited use of copyrighted material. These concepts are crucial in media, balancing the need to incentivize creativity with the public's right to access and use information.

Understanding copyright and fair use is essential for media professionals. It helps navigate the complex landscape of intellectual property rights, ensuring compliance while allowing for creative expression and innovation in media production.

Copyright Law Basics

Principles and Purpose

Top images from around the web for Principles and Purpose

• 

  Welcome - Copyright at UWS - Library Guides at University of the West of Scotland View original

  Is this image relevant?

• 

  Copyright Law - Legal image View original

  Is this image relevant?

• 

  Copyright Laws - Free of Charge Creative Commons Highway Sign image View original

  Is this image relevant?

• 

  Welcome - Copyright at UWS - Library Guides at University of the West of Scotland View original

  Is this image relevant?

• 

  Copyright Law - Legal image View original

  Is this image relevant?

1 of 3

Top images from around the web for Principles and Purpose

• 

  Welcome - Copyright at UWS - Library Guides at University of the West of Scotland View original

  Is this image relevant?

• 

  Copyright Law - Legal image View original

  Is this image relevant?

• 

  Copyright Laws - Free of Charge Creative Commons Highway Sign image View original

  Is this image relevant?

• 

  Welcome - Copyright at UWS - Library Guides at University of the West of Scotland View original

  Is this image relevant?

• 

  Copyright Law - Legal image View original

  Is this image relevant?

1 of 3

• Copyright law grants exclusive rights to creators for their original works
  • Rights include reproduction, distribution, performance, display, and creation of derivative works
• Purpose is to incentivize creativity and innovation
  • Provides creators with a limited monopoly over their works
  • Allows creators to financially benefit from their creations
• Copyright protection is automatic once a work is fixed in a tangible medium
  • Registration provides additional benefits (ability to sue for infringement, presumption of validity)

Duration of Copyright Protection

• Varies depending on factors (type of work, date of creation, authorship)
• For most works created after 1978, copyright lasts for the life of the author plus 70 years

Protected Media Content

Literary and Musical Works

• Literary works (books, articles, computer software)
• Musical works (compositions, sound recordings)
• Dramatic works (plays, screenplays)

Visual and Audiovisual Works

• Pantomimes and choreographic works
• Pictorial, graphic, and sculptural works (photographs, illustrations, maps)
• Motion pictures and other audiovisual works
• Architectural works

Fair Use in Media

Concept and Application

• Fair use is a legal doctrine allowing limited use of copyrighted material without permission
  • Purposes include criticism, commentary, news reporting, teaching, scholarship, research
• Four factors considered in determining fair use:
  1. Purpose and character of the use (commercial or non-profit educational)
  2. Nature of the copyrighted work (more protection for creative works than factual ones)
  3. Amount and substantiality of the portion used relative to the whole work
  4. Effect of the use upon the potential market or value of the copyrighted work
• Examples of fair use in media:
  • Quoting excerpts in a review
  • Using clips for educational purposes
  • Creating parodies or satirical works

Case-by-Case Determination

• Fair use is determined on a case-by-case basis
• Outcome depends on the specific facts and circumstances of each situation

Copyright Infringement vs Fair Use

Landmark Cases

• Sony Corp. of America v. Universal City Studios, Inc. (1984)
  • Supreme Court ruled sale of VCRs did not constitute contributory copyright infringement
  • VCRs had substantial non-infringing uses (time-shifting TV programs for later viewing)
• Harper & Row v. Nation Enterprises (1985)
  • Supreme Court held The Nation's unauthorized publication of Gerald Ford's memoir excerpts was not fair use
  • Significantly impacted book's market and was not transformative
• Campbell v. Acuff-Rose Music, Inc. (1994)
  • Supreme Court ruled 2 Live Crew's parody of "Oh, Pretty Woman" could be fair use
  • Emphasized transformative nature and importance of considering all four fair use factors
• Google LLC v. Oracle America, Inc. (2021)
  • Supreme Court held Google's use of Oracle's Java API in Android was fair use
  • Use was transformative and did not harm Oracle's product market