Fair Use: Difference between revisions
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{{Useful Notes}} |
{{Useful Notes}} |
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{{cleanup|This page discusses only the laws of the United States of America.}} |
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''There are occasions when parts of a work still under [[Copyright]] [and [[Disney Owns This Trope|trademark]]] may be legally used or copied even without the copyright holder's permission.'' |
''There are occasions when parts of a work still under [[Copyright]] [and [[Disney Owns This Trope|trademark]]] may be legally used or copied even without the copyright holder's permission.'' |
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Unfortunately, even the courts -- which is where disagreements over Fair Use end up if they are sufficiently intractable -- are not always sure when those occasions are. Certain uses have been declared "fair"; other uses that may look similar are not. |
Unfortunately, even the courts -- which is where disagreements over Fair Use end up if they are sufficiently intractable -- are not always sure when those occasions are. Certain uses have been declared "fair"; other uses that may look similar are not. |
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The technical term from [[Copyright]] law to refer to something -- a book, a song, a motion picture, a computer program, a play, a photo, or anything else we consider art -- is "work"; this is one reason we use this term on this very wiki. The term "song," as used here, means the music or lyrics of a song as it was written and is typically printed ''on paper'' -- not anything you are actively listening to. A live performance of a song is called a "performance," and a recording of a song (on vinyl, tape, [[Optical Disc |
The technical term from [[Copyright]] law to refer to something -- a book, a song, a motion picture, a computer program, a play, a photo, or anything else we consider art -- is "work"; this is one reason we use this term on this very wiki. The term "song," as used here, means the music or lyrics of a song as it was written and is typically printed ''on paper'' -- not anything you are actively listening to. A live performance of a song is called a "performance," and a recording of a song (on vinyl, tape, [[Optical Disc]]s, etc.) is called a "recording." For instance, people used to go to Grateful Dead ''performances'', where they sometimes made (legitimate) ''recordings'' of the ''songs'' which were written by the late Jerry Garcia. |
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In simple terms, "fair use" |
In simple terms, "fair use" is the ability of a third party to use a part of another work without the permission of its copyright owner, and without being guilty of copyright infringement. (There is a similar, but not identical, legal exemption called "fair dealing" in the United Kingdom, Canada, and many other Commonwealth nations.) |
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The question of how much and what you can borrow as fair use has kept many lawyers and others awake at night, either because they're worried about whether a use of someone else's work is fair or because they're trying to argue that a use of their client's work is not fair. |
The question of how much and what you can borrow as fair use has kept many lawyers and others awake at night, either because they're worried about whether a use of someone else's work is fair or because they're trying to argue that a use of their client's work is not fair. |
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