Copyright and Fair Use

Q: Can we copy and publish material we find through an online search engine like Google Images?

A: The fact that material is available and easily copied on a website does not lessen its copyright protection

Q: Does it protect you against a copyright claim if you properly credit the artwork you are copying?

A: Not at all. Coyright is concerned with consent, not credit. It’s ethically correct, but it is not a legal defense.

Q: Can we use the logo of a business – like Pepsi or Facebook – without getting permission?

A: Yes, in connection with a news or feature story about the company or the industry, like a story about the popularity of Facebook. However, you can’t use it for purely marketing purposes, like a facebook logo on the yearbook cover in hopes of selling more books.

Q: Can you reuse only 30 seconds of a song, or only 10% of an article without getting in trouble with copyright?

A: There is no clear answer. Copyright Act itself contains no numerical or percentage “safe zone.” Material can safely be reused – a “fair use” – if the amount taken is limited to only what is necessary. Ex: a clip from a film to illustrate a movie review that doesn’t detract from the economic value of the original.

Q: Where can you find photos, videos and documents online that are fair game to be used without permission?

A: Federal government (.gov) sites like the White House, FEMA, NASA and others.

Q: So, how do people get away with using copyrighted material…like the Ridge Review?

A: Umm…what? Well, fortunately we haven’t had anyone contact our publication (to be honest). There are places that sell their photos, content, etc. and then you can use it. Have you ever seen a song, video, etc. all of a sudden not show up on Youtube?? Copyright is alive and big brother is watching!

Fair Use  The use is for a nonprofit, educational purpose.  It doesn’t affect the potential sales market of the original work.  It doesn’t reproduce a substantial portion of the work (regardless of the length of the work).

Other ideas – Court consideration  The more creative the product, the more protection it gets from the courts…a chart vs. a symphony.  The question to ask is: Did I take the “heart and soul” of the copyrighted work. If so, too much! Gerald Ford book example!  Is what you used a substitute for the original and the original is no longer needed?

Living in an Amish Paradise!  How does Weird Al get away with copying other artists’ songs?  You can use copyrighted material if you so greatly alter the material that you transform it into a new work.  Weird Al still asks for permission.  Rappers still ask for permission.  Movies too!