Fair Use + Fair Dealing in Text and Images

This issue is a special issue which focusses on a single topic: fair use + fair dealing. The Copyright & New Media Law Newsletter covers a broad range of issues in its quarterly publication.

Snippets from issue 4, 2012 volume of The Copyright & New Media Law Newsletter:

“Fair use/dealing has its risk. The question is the amount of risk. You need to know your organization and its risk tolerance. Look at your risk tolerance on other issues. Your copyright compliance policy should fit within the realm of other organization-wide policies.”

Editorial by Lesley Ellen Harris

“Different companies and creators will have different attitudes toward remixing. Although the law on fair use applies equally to everyone, it is still important for remixers to know these attitudes, because knowing them will help remixers determine whether they want to work with a particular IP.”

How Creators Perceive Fair Use by Don McGowan

“Can you imagine the web and smart phones without images? Have you seen many print books and journals without images? Images play a role in our daily lives whether we are in an education setting, at work, or at play. We see them in PowerPoint presentations, videos and billboards-just to name a few. We create images. We use other people’s images. We share images. We combine multiple images to make new images. Yet, do we stop to think about where those images come from and who owns the copyright in those images? Probably we do not. However, most of the images we use are likely protected by copyright, and it is in the user’s best interest to understand how they can be legally used.”

Images and Fair Use by Donna L. Ferullo

“The more experience you have applying fair use, the more comfortable you will become with it. With that in mind, organizations who do use fair use/dealing sometimes designate the determinations to a single person or designated persons in order to ensure consistent application of the principles. I have contacted some of these persons to hear first hand how they manage fair use/dealing, and below I share their thoughts and advice.”

“Emily Goodhand, Copyright and Compliance Officer at University of Reading in the United Kingdom (U.K.), also provides ‘guidance and training to staff and students on how to use other people’s copyright-protected materials (and obviously I cover use of materials under licenses as well. I regularly mention fair dealing as it is an important defense in U.K. copyright law and should not be overlooked. However, since the U.K. harmonized with European Union (EU) law, greater weight is given to copyright cases coming out of the Court of Justice of the European Union; in particular, in 2010 was the infamous Infopaq case which stated that eleven words of a newspaper article were enough to be a substantial part of a copyright-protected work. This has eroded what was previously fairly steady advice on fair dealing, and people are now extremely cautious.'”

Managing Fair Use and Fair Dealing by Lesley Ellen Harris

If you subscribe to the Copyright Community in 2013 you will have access to this issue and all issues of the Newsletter from 2009-2013. Choose the electronic subscription for $199 for 2013.

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