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Fair use



 
 
Fair use is a doctrine
Doctrine

Doctrine is a codification of beliefs or "a body of teachers" or "instructions", taught principles or positions, as the body of teachings in a branch of knowledge or belief system....
 in United States copyright law
United States copyright law

United States copyright law governs the legally enforceable rights of creative and artistic works under the laws of the United States.Copyright law in the United States is part of federal law, and is authorized by the United States Constitution....
 that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test
Balancing test

A balancing test is any judicial test in which the jurists weigh the importance of multiple factors in a legal case. Proponents of such tests argue that they allow a deeper consideration of complex issues than a bright-line rule can allow....
. The term "fair use" originated in the United States, but has been added to Israel
Israel

Israel officially the State of Israel , is a country in the Middle East located on the eastern shore of the Mediterranean Sea. It borders Lebanon in the north, Syria in the northeast, Jordan in the east, and Egypt on the southwest, and contains geographically diverse features within its relatively small area....
i law as well; a similar principle, fair dealing
Fair dealing

Fair dealing is a doctrine of limitations and exceptions to copyright which is found in many of the common law jurisdictions of the Commonwealth of Nations....
, exists in some other common law
Common law

Common law refers to law and the corresponding Legal systems of the world developed through legal opinion of courts and similar tribunals , rather than through statute law or Executive ....
 jurisdictions.






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Fair use is a doctrine
Doctrine

Doctrine is a codification of beliefs or "a body of teachers" or "instructions", taught principles or positions, as the body of teachings in a branch of knowledge or belief system....
 in United States copyright law
United States copyright law

United States copyright law governs the legally enforceable rights of creative and artistic works under the laws of the United States.Copyright law in the United States is part of federal law, and is authorized by the United States Constitution....
 that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test
Balancing test

A balancing test is any judicial test in which the jurists weigh the importance of multiple factors in a legal case. Proponents of such tests argue that they allow a deeper consideration of complex issues than a bright-line rule can allow....
. The term "fair use" originated in the United States, but has been added to Israel
Israel

Israel officially the State of Israel , is a country in the Middle East located on the eastern shore of the Mediterranean Sea. It borders Lebanon in the north, Syria in the northeast, Jordan in the east, and Egypt on the southwest, and contains geographically diverse features within its relatively small area....
i law as well; a similar principle, fair dealing
Fair dealing

Fair dealing is a doctrine of limitations and exceptions to copyright which is found in many of the common law jurisdictions of the Commonwealth of Nations....
, exists in some other common law
Common law

Common law refers to law and the corresponding Legal systems of the world developed through legal opinion of courts and similar tribunals , rather than through statute law or Executive ....
 jurisdictions. Civil law
Civil law (legal system)

Civil law is a most prevalent legal system in the modern world and the oldest in human history. It is based on a code, or "a systematic collection of interrelated articles written in a terse, staccato style." The two other major legal systems in the world are common law and Islamic law....
 jurisdictions have other limitations and exceptions to copyright
Limitations and exceptions to copyright

The expression "limitations and exceptions to copyright" refers to situations in which the exclusive rights granted to authors, or their assignees under copyright law do not apply....
.

Fair use under United States laws

The legal concept of "Test copyright" was first ratified by the Kingdom of Great Britain's Statute of Anne
Statute of Anne

The Statute of Anne was the first copyright law in the Kingdom of Great Britain , enacted in 1709 and entering into force on April 10, 1710. It is generally considered to be the first fully-fledged copyright law....
 of 1709. As room was not made for the authorized reproduction of copyrighted content within this newly formulated statutory right, the courts gradually created a doctrine of "fair abridgment," which later became "fair use," that recognized the utility of such actions. The doctrine only existed in the U.S. as common law
Common law

Common law refers to law and the corresponding Legal systems of the world developed through legal opinion of courts and similar tribunals , rather than through statute law or Executive ....
 until it was incorporated into the Copyright Act of 1976, , reprinted here:

The four factors of analysis for fair use set forth above derive from the classic opinion of Joseph Story
Joseph Story

'Joseph Story' was an United States lawyer and jurist who served on the Supreme Court of the United States from 1811 to 1845. He is most remembered today for his opinions in Martin v....
 in Folsom v. Marsh, 9 F.Cas. 342
Case citation

Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called Reporter s or law reports, or in a 'neutral' form which will identify a decision wherever it was reported....
 (1841), in which the defendant had copied 353 pages from the plaintiff's 12-volume biography of George Washington
George Washington

George Washington was the leader of the Continental Army in the American Revolutionary War and served as the List of Presidents of the United States President of the United States of the United States of Americas ....
 in order to produce a separate two-volume work of his own. The court rejected the defendant's fair use defense with the following explanation:

Once these factors were codified as guidelines in , they were not rendered exclusive. The section was intended by Congress to restate, but not replace, the prior judge-made law. Courts are still entitled to consider other factors as well.

Fair use tempers copyright's exclusive rights to serve the purpose of copyright law, which the U.S. Constitution
United States Constitution

The Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America; the Federal Government of the United States; and all the State & local governments and Territorial Administrative bodies contained therein....
 defines as the promotion of "the Progress of Science and useful Arts" (Art. I, § 8, cl. 8
Copyright Clause

Enumerated powers, Clause 8 of the United States Constitution, known as the Copyright Clause, the Copyright and Patent Clause , the Intellectual Property Clause and the Progress Clause, empowers the United States Congress:...
). This principle applies particularly well to the case of criticism and also sheds light on various other limitations on copyright's exclusive rights, particularly the scenes à faire
Scenes à faire

Sc?ne ? faire is a scene in a book or film which is almost obligatory for a genre of its type. In the U.S. it also refers to legal principle in copyright law in which certain elements of a creative work are held to be not protected when they are mandated by or customary to the genre....
 doctrine.

Purpose and character

The first factor is about whether the use in question helps fulfill the intention of copyright law to stimulate creativity for the enrichment of the general public, or whether it aims to only "supersede the objects" of the original for reasons of personal profit. To justify the use as fair, one must demonstrate how it either advances knowledge or the progress of the arts through the addition of something new. A key consideration is the extent to which the use is interpreted as transformative
Transformation (law)

In United States copyright law, transformation is a possible justification that use of a copyrighted work may qualify as fair use, i.e., that a certain use of a work does not infringe its holder's copyright due to the public interest in the usage....
, as opposed to merely derivative
Derivative work

In copyright law, a derivative work is an expressive creation that includes major, copyright-protected elements of an original, previously created first work....
.

When Tom Forsythe appropriated Barbie
Barbie

Barbie is a fashion doll manufactured by Mattel and launched in March 1959. USA businesswoman Ruth Handler is credited with the creation of the doll using a Germany doll called Bild Lilli doll as her inspiration....
 dolls for his photography project "Food Chain Barbie," Mattel
Mattel

Mattel Inc. is the world's largest toy importing company based on revenue. The products it produces include Barbie dolls, Hot Wheels and Matchbox cars, American Girl dolls, board games, and, in the early 1980s, video game consoles....
 lost its claims of copyright and trademark infringement against him because his work effectively parodies
Parody

A parody , in contemporary usage, is a work created to mock, comment on, or poke fun at an original work, its subject, or author, or some other target, by means of humorous, satiric or ironic imitation....
 Barbie and the values she represents. But when Jeff Koons
Jeff Koons

Jeff Koons is an United States artist whose work incorporates kitsch imagery using painting, sculpture, and other forms, often in large scale....
 tried to justify his appropriation of Art Rogers' photograph "Puppies" in his sculpture "String of Puppies" with the same parody defense, he lost because his work was not presented as a parody of Rogers' photograph in particular, but of society at large, which was deemed insufficiently justificatory.

However, since this case, courts have begun to emphasize the first fair use factor—assessing whether the alleged infringement has transformative use as described by the Hon. Judge Pierre N. Leval
Pierre N. Leval

Pierre Nelson Leval is a judge on the United States Court of Appeals for the Second Circuit. At the time of his appointment by President Bill Clinton in 1993, he was a United States District Court Judge in the Southern District of New York....
. More recently, Koons was involved in a similar case with commercial photographer Andrea Blanch, regarding his use of her photograph for a painting, whereby he appropriated a central portion of an advertisement she had been commissioned to shoot for a magazine. In this case, Koons won; the case sets a favorable precedent for appropriation art where the use is deemed transformative.

The subfactor mentioned in the legislation above, "whether such use is of a commercial nature or is for nonprofit educational purposes," has recently been deemphasized in some Circuits "since many, if not most, secondary uses seek at least some measure of commercial gain from their use." More important is whether the use fulfills any of the "preamble purposes" also mentioned in the legislation above, as these have been interpreted as paradigmatically "transformative." Although Judge Pierre Leval has distinguished the first factor as "the soul of fair use," it alone is not determinative. For example, not every educational usage is fair.

Nature of the copied work

Although the Supreme Court of the United States
Supreme Court of the United States

The Supreme Court of the United States is the highest judicial body in the United States, and leads the federal United States federal courts. It consists of the Chief Justice of the United States and eight Associate Justice of the Supreme Court of the United States, who are nominated by the President of the United States and confirmed with th...
 has ruled that the availability of copyright protection should not depend on the artistic quality or merit of a work, fair use analyses consider certain aspects of the work to be relevant, such as whether it is fictional or non-fictional.

To prevent the private ownership of work that rightfully belongs in the public domain, facts and ideas are separate from copyright
Idea-expression divide

The idea-expression divide or idea-expression dichotomy is a concept which explains the appropriate function of copyright laws, which are generally designed to protect the fixed expression or manifestation of an idea rather than the fundamental idea itself....
—only their particular expression or fixation merits such protection. On the other hand, the social usefulness of freely available information can weigh against the appropriateness of copyright for certain fixations. The Zapruder film
Zapruder film

The Zapruder film is a silent Standard 8 mm film color home movies of the presidential motorcade of John F. Kennedy through Dealey Plaza in Dallas, Texas, on November 22, 1963, filmed by a private citizen named Abraham Zapruder....
 of the assassination of President Kennedy, for example, was purchased and copyrighted by Time magazine. Yet their copyright was not upheld, in the name of the public interest, when they tried to enjoin the reproduction of stills from the film in a history book on the subject in Time Inc. v. Bernard Geis Associates.

Following the decisions of the Second Circuit in Salinger v. Random House, Inc. and in New Era Publications Int'l v. Henry Holt & Co., the aspect of whether the copied work has been previously published suddenly trumped all other considerations because of, in the words of one commentator, "the original author's interest in controlling the circumstances of the first public revelation of his work, and his right, if he so chooses, not to publish at all." Yet some view this importation of certain aspects of France's d'artiste (moral rights of the artist) into American copyright law as "bizarre and contradictory" because it sometimes grants greater protection to works that were created for private purposes that have little to do with the public goals of copyright law, than to those works that copyright was initially conceived to protect. This is not to claim that unpublished works, or, more specifically, works not intended for publication, do not deserve legal protection, but that any such protection should come from laws about privacy, rather than laws about copyright. The statutory fair use provision was amended in response to these concerns by adding a final sentence: "The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."

Amount and substantiality

The third factor assesses the quantity or percentage of the original copyrighted work that has been imported into the new work. In general, the less that is used in relation to the whole, e.g., a few sentences of a text for a book review, the more likely that the sample will be considered fair use. Yet see Sony Corp. v. Universal City Studios
Sony Corp. of America v. Universal City Studios, Inc.

Sony Corp. of America v. Universal City Studios, Inc., case citation , also known as the "Betamax case", was a decision by the Supreme Court of the United States which ruled that the making of individual copies of complete television shows for purposes of time-shifting does not constitute copyright infringement, but is fair use....
 for a case in which substantial copying—entire programs for private viewing—was upheld as fair use. Likewise, see Kelly v. Arriba Soft Corporation
Kelly v. Arriba Soft Corporation

Kelly v. Arriba Soft Corporation is a U.S. court case between a commercial photographer and a search engine company. During the case ownership of Arriba Soft changed to Sorceron, the operator of the Internet search engine Ditto.com....
,
where the Ninth Circuit held that copying an entire photo to use as a thumbnail in online search results did not weigh against fair use, "if the secondary user only copies as much as is necessary for his or her intended use." Conversely, in Harper & Row, Publishers, Inc. v. Nation Enters, the use of less than 400 words from President Ford
Gerald Ford

Gerald Rudolph Ford, Jr. was the List of Presidents of the United States President of the United States, serving from 1974 to 1977, and the List of Vice Presidents of the United States Vice President of the United States serving from 1973 to 1974....
's memoir by a political opinion magazine was interpreted as infringement because those few words represented "the heart of the book" and were, as such, substantial.

Before 1991, sampling
Sampling (music)

In music, sampling is the act of taking a portion, or sample, of one sound recording and reusing it as an musical instrument or a different sound recording of a song....
 in certain genres of music was accepted practice and such copyright considerations as these were viewed as largely irrelevant. The strict decision against rapper
Hip hop music

Hip hop music is a music genre typically consisting of a rhythmic vocal style called rapping which is accompanied with backing beats. Hip hop music is part of hip hop culture, which began in the Bronx, in New York City in the 1970s, predominantly among African Americans and Latino Americans....
 Biz Markie
Biz Markie

Marcel Theo Hall better known by his stage name Biz Markie, is a rapper, disc jockey, and comedian, best known for the single "Just a Friend"....
's appropriation of a Gilbert O'Sullivan
Gilbert O'Sullivan

Gilbert O'Sullivan is an Irish people singer-songwriter, best known for his early 1970s hit record "Alone Again ", "Clair " and "Get Down". His unusual image - Shorts, flat cap and Bowl cut Hairstyle - helped to launch the successful international career of the performer....
 song in the case Grand Upright Music, Ltd. v. Warner Bros. Records, Inc. changed practices and opinions overnight. Samples now had to be licensed, as long as they rose "to a level of legally cognizable appropriation." In other words, de minimis
De minimis

De minimis is a Latin expression meaning about minimal things, normally in the phrases de minimis non curat praetor or de minimis non curat lex, meaning that the law is not interested in trivial matters....
 sampling was still considered fair and free because, traditionally, "the law does not care about trifles." The recent Sixth Circuit Court decision in the appeal to Bridgeport Music has reversed this standing, eliminating the de minimis defense for samples of recorded music, but stating that the decision did not apply to fair use.

Effect upon work's value

The fourth factor measures the effect that the allegedly infringing use has had on the copyright owner's ability to exploit his original work. The court not only investigates whether the defendant's specific use of the work has significantly harmed the copyright owner's market, but also whether such uses in general, if widespread, would harm the potential market of the original. The burden of proof here rests on the defendant for commercial uses
Commercialization

Commercialization is the process or cycle of introducing a new product into the market. The actual launch of a new product is the final stage of new product development, and the one where the most money will have to be spent for advertising, sales promotion, and other marketing efforts....
, but on the copyright owner for noncommercial uses. See Sony Corp. v. Universal City Studios, where the copyright owner, Universal
Universal Studios

Universal Studios , a subsidiary of NBC Universal, is one of the six Worldwide major American film studios. Its production studios are located at 100 Universal City Plaza Drive in Universal City, California....
, failed to provide any empirical evidence that the use of Betamax
Betamax

Betamax is an obsolete home videocassette tape recording format developed by Sony, and released on May 10, 1975. The cassettes contained 1/2 inch wide videotape in a design similar to the earlier, professional 3/4 inch U-matic videocassette format....
 had either reduced their viewership or negatively impacted their business. In the aforementioned Nation case regarding President Ford's memoirs, the Supreme Court labeled this factor "the single most important element of fair use" and it has indeed enjoyed some level of primacy in fair use analyses ever since. Yet the Supreme Court's more recent announcement in Campbell v. Acuff-Rose Music, Inc.
Campbell v. Acuff-Rose Music, Inc.

Campbell v. Acuff-Rose Music, Case citation was a Supreme Court of the United States copyright law case that stands for the proposition that a commercial parody can be fair use....
 that "all [four factors] are to be explored, and the results weighed together, in light of the purposes of copyright" has helped modulate this emphasis in interpretation.

In evaluating the fourth factor, courts often consider two kinds of harm to the potential market of the original work: First, courts consider whether the use in question acts as a direct market
Direct market

The direct market is the dominant distribution and retailing network for North American comic books. It consists of one dominant distributor and the majority of comics specialty stores, as well as other retailers of comic books and related merchandise....
 substitute for the original work. In the judgement of the Supreme Court in Acuff-Rose Music they decisively stated that, "when a commercial use amounts to mere duplication of the entirety of the original, it clearly supersedes the object of the original and serves as a market replacement for it, making it likely that cognizable market harm to the original will occur." In one instance, a court ruled that this factor weighed against a defendant who had made unauthorized movie trailers for video retailers, since his trailers acted as direct substitutes for the copyright owner's official trailers. Second, courts also consider whether potential market harm might exist beyond that of direct substitution, such as in the potential existence of a licensing market. This consideration has weighed against commercial copy shops that make copies of articles in course-pack for college students, when a market already existed for the licensing of course-pack copies.

Courts recognize that certain kinds of market harm do not oppose fair use, such as when a parody or negative review impairs the market of the original work. Copyright considerations may not shield a work against adverse criticism.

Fair use and professional communities

Courts when deciding fair use cases, in addition to looking at context, amount and value of the use, also look to the standards and practices of the professional communities where the case comes from.

Documentary filmmakers organized and created the Documentary Filmmakers' , which has had a dramatic effect on fair use practice in documentary film. Since the release of the Statement in 2005, PBS, ITVS and IFC use it. Furthermore, four out of seven of the national errors and omissions insurers now issue fair use coverage routinely. Several documentary films have also used it, allowing both theatrical and television releases. Other professional communities are beginning to plan their own best practices standards in fair use as well.

On November 11, 2008, media literacy educators released the , which is authored by the of this professional community. The Code asserts five principles and limitations for the use of copyrights materials for teaching and learning.

Practical effect of fair use defense

The practical effect of this law and the court decisions following it is that it is usually possible to quote from a copyrighted work in order to criticize or comment upon it, teach students about it, and possibly for other uses. Certain well-established uses cause few problems. A teacher who prints a few copies of a poem to illustrate a technique will have no problem on all four of the above factors (except possibly on amount and substantiality), but some cases are not so clear. All the factors are considered and balanced in each case: a book reviewer who quotes a paragraph as an example of the author's style will probably fall under fair use even though he may sell his review commercially. But a non-profit educational website that reproduces whole articles from technical magazines will probably be found to infringe if the publisher can demonstrate that the website affects the market for the magazine, even though the website itself is non-commercial.

Free Republic
Free Republic

Free Republic is a moderated Internet forum, activist and chat site for self-described conservatism, primarily within the United States. It presents articles and comments posted pseudonymously by registered members, known as "Freepers," using screen names....
, LLC, owner of the political website freerepublic.com, was found liable for copyright infringement in L.A. Times v. Free Republic
L.A. Times v. Free Republic

L.A. Times v. Free Republic is a 1998 United States district court United States copyright law case. Several newspapers Lawsuit the Internet forum Free Republic for allowing its users to repost the full text of copyrighted newspaper articles, asserting that this constituted copyright infringement....
 for reproducing and archiving full-text versions of plaintiffs' news articles even though the judge found the website minimally commercial. She held that "while defendants' do not necessarily 'exploit' the articles for commercial gain, their posting to the Free Republic site allows defendants and other visitors to avoid paying the 'customary price' charged for the works."

The April 2000 opinion ruled concerning the four factors of fair use that 1) "defendants' use of plaintiffs' articles is minimally, if at all, transformative," 2) the factual content of the articles copied "weighs in favor of finding of fair use of the news articles by defendants in this case," though it didn't "provide strong support" 3) concerning the amount and substantiality prong, "the wholesale copying of plaintiffs' articles weighs against the finding of fair use," and 4) the plaintiffs showed that they were trying to exploit the market for viewing their articles online and defendants didn't rebut their showing by proving an absence of usurpation harm to plaintiffs. Ultimately the court found "that the defendants may not assert a fair use defense to plaintiffs' copyright infringement claim."

Fair use as a defense

The Supreme Court of the United States
Supreme Court of the United States

The Supreme Court of the United States is the highest judicial body in the United States, and leads the federal United States federal courts. It consists of the Chief Justice of the United States and eight Associate Justice of the Supreme Court of the United States, who are nominated by the President of the United States and confirmed with th...
 described fair use as an affirmative defense
Affirmative defense

An affirmative defense is a category of defense used in litigation between private parties in common law jurisdictions, or, more familiarly, a type of defense raised in criminal law by the defendant....
 in Campbell v. Acuff-Rose Music, Inc.
Campbell v. Acuff-Rose Music, Inc.

Campbell v. Acuff-Rose Music, Case citation was a Supreme Court of the United States copyright law case that stands for the proposition that a commercial parody can be fair use....
. This means that, in litigation on copyright infringement, the defendant bears the burden of raising and proving
Burden of proof

The burden of proof is the obligation to shift the assumed conclusion away from an oppositional opinion to one's own position . The burden of proof may only be fulfilled by evidence....
 that his use was "fair" and not an infringement. Thus, fair use need not even be raised as a defense unless the plaintiff first shows (or the defendant concedes) a "prima facie
Prima facie

Prima facie is a little List of Latin phrases meaning "on its first appearance", or "by first instance". Literally the phrase translates as first face, "prima" first, "facie" face....
" case of copyright infringement. If the work was not copyrightable, the term had expired, or the defendant's work borrowed only a small amount
De minimis

De minimis is a Latin expression meaning about minimal things, normally in the phrases de minimis non curat praetor or de minimis non curat lex, meaning that the law is not interested in trivial matters....
, for instance, then the plaintiff cannot make out a prima facie case of infringement, and the defendant need not even raise the fair use defense.

Because of the defendant's burden of proof, some copyright owners frequently make claims of infringement even in circumstances where the fair use defense would likely succeed in hopes that the user will refrain from the use rather than spending resources in his defense. This type of lawsuit is part of a much larger problem in First Amendment law; see Strategic lawsuit against public participation
Strategic lawsuit against public participation

A Strategic Lawsuit Against Public Participation is a lawsuit that is intended to intimidate and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition....
.

Because paying a royalty fee may be much less expensive than having a potential copyright suit threaten the publication of a completed work in which a publisher has invested significant resources, many authors may seek a license even for uses that copyright law ostensibly permits without liability.

The frequent argument over whether fair use is a "right" or a "defense" is generated by confusion over the use of the term "affirmative defense." An affirmative defense is simply a term of art from litigation reflecting the timing in which the defense is raised. It does not distinguish between "rights" and "defenses," and so it does not characterize the substance of the defendant's actions as "not a right but a defense." The First Amendment, for instance, is generally raised as an affirmative defense in litigation, but is clearly a "right
Bill of rights

A Bill of Rights is a list or summary of rights that are considered important and essential by a nation. The purpose of these bills is to protect those rights against infringement by the government....
." Similarly, while fair use is characterized as a defense in terms of the litigation posture, Section 107 defines fair use as a "limitation" on copyright law and states clearly that "the fair use of a copyrighted work … is not an infringement of copyright."

In response to perceived over-expansion of copyrights, several electronic civil liberties and free expression organizations began in the 1990s to add fair use cases to their dockets and concerns. These include the Electronic Frontier Foundation
Electronic Frontier Foundation

The Electronic Frontier Foundation is an international non-profit organization advocacy and legal organization based in the United States with the stated purpose of being dedicated to preserving the right to freedom of speech, such as protected by the First Amendment to the United States Constitution, in the context of today's digital age ....
 ("EFF"), the American Civil Liberties Union
American Civil Liberties Union

The American Civil Liberties Union consists of two separate non-profit organizations: the ACLU Foundation, a 501 organization which focuses on litigation and communication efforts, and the American Civil Liberties Union, a 501 organization which focuses on legislative lobbying....
, the National Coalition Against Censorship
National Coalition Against Censorship

The National Coalition Against Censorship , founded in 1974, is an alliance of 50 national non-profit organizations, including literary, artistic, religious, educational, professional, labor, and civil liberties groups....
, the American Library Association
American Library Association

The American Library Association is a group based in the United States that promotes library and library education internationally. It is the oldest and largest library association in the world, with more than 65,000 members....
, numerous clinical programs at law schools, and others. The "Chilling Effects" archive was established in 2002 as a coalition of several law school clinics and the EFF to document the use of cease and desist
Cease and desist

A cease and desist is an order or request to halt an activity, or else face legal action. The recipient of the cease-and-desist may be an individual or an organization....
 letters. Most recently, in 2006, Stanford University
Stanford University

Leland Stanford Junior University, commonly referred to as Stanford University or Stanford, is a private university research university located in Stanford, California, California, United States....
 began an initiative called "The Fair Use Project" (FUP) to help artists, particularly filmmakers, fight lawsuits brought against them by large corporations.

The economic benefit of fair use

A balanced copyright law provides an economic benefit to many high tech businesses such as search engines and software developers and Fair Use is also crucial to non-technology industries such as insurance, legal services, and newspaper publishers. On September 12, 2007, the Computer and Communications Industry Association (CCIA), a group representing companies including Google
Google

Google Inc. is an United States public company, earning revenue from AdWords related to its Google search, Gmail, Google Maps, Google Apps, Orkut, and YouTube services as well as selling advertising-free versions of the Google Search Appliance....
 Inc., Microsoft
Microsoft

Microsoft Corporation is a multinational corporation computer technology corporation that develops, manufactures, licenses, and supports a wide range of computer software products for computing devices....
 Inc., Oracle Corporation
Oracle Corporation

Oracle Corporation specializes in developing and marketing enterprise software products ? particularly database management systems. Through organic growth and a number of high-profile acquisitions, Oracle enlarged its share of the software market....
, Sun Microsystems
Sun Microsystems

Sun Microsystems, Inc. is a multinational corporation vendor of computers, computer components, computer software, and information technology services, founded on February 24, 1982....
, Yahoo and other high tech companies, released a study that found that Fair Use exceptions to US copyright laws were responsible for more than $4,500 Billion dollars in annual revenue for the United States economy representing one-sixth of the total U.S. GDP. The study was conducted using a methodology developed by the World Intellectual Property Organization
World Intellectual Property Organization

The World Intellectual Property Organization is one of the 16 specialized agencies of the United Nations. WIPO was created in 1967 "to encourage creative activity, to promote the protection of intellectual property throughout the world"....
. The study found that fair use dependent industries are directly responsible for more than 18% of U.S. economic growth and nearly 11 million American jobs. “As the United States economy becomes increasingly knowledge-based, the concept of fair use can no longer be discussed and legislated in the abstract. It is the very foundation of the digital age and a cornerstone of our economy,” said Ed Black, President and CEO of CCIA. “Much of the unprecedented economic growth of the past ten years can actually be credited to the doctrine of fair use, as the Internet itself depends on the ability to use content in a limited and nonlicensed manner."

Fair use and parody

Producers or creators of parodies
Parody

A parody , in contemporary usage, is a work created to mock, comment on, or poke fun at an original work, its subject, or author, or some other target, by means of humorous, satiric or ironic imitation....
 of a copyrighted work have been sued for infringement by the targets of their ridicule, even though such use may be protected as fair use. These fair use cases distinguish between parodies (using a work in order to poke fun at or comment on the work itself) and satires (using a work to poke fun at or comment on something else). Courts have been more willing to grant fair use protections to parodies than to satires, but the ultimate outcome in either circumstance will turn on the application of the four fair use factors.

In Campbell v. Acuff-Rose Music, Inc.
Campbell v. Acuff-Rose Music, Inc.

Campbell v. Acuff-Rose Music, Case citation was a Supreme Court of the United States copyright law case that stands for the proposition that a commercial parody can be fair use....
 Supreme Court
Supreme Court of the United States

The Supreme Court of the United States is the highest judicial body in the United States, and leads the federal United States federal courts. It consists of the Chief Justice of the United States and eight Associate Justice of the Supreme Court of the United States, who are nominated by the President of the United States and confirmed with th...
 recognized parody as a fair use, even when done for profit. Roy Orbison
Roy Orbison

Roy Kelton Orbison was an influential Grammy Award-winning United States singer-songwriter, guitarist and a pioneer of rock and roll whose recording career spanned more than four decades....
's publisher, Acuff-Rose Music Inc.
Acuff-Rose Music

Acuff-Rose Music was an United States music publishing firm headquartered in Nashville, Tennessee.Acuff-Rose was formed by country and western music performer Roy Acuff and Fred Rose , a major Nashville music-industry figure who had a respected ability as a talent scout....
, had sued 2 Live Crew
2 Live Crew

2 Live Crew is a hip hop music group from Miami, Florida. They caused considerable controversy with the sexual themes in their work, particularly on their 1989 album As Nasty As They Wanna Be....
 in 1989 for their use of Orbison's "Oh, Pretty Woman
Oh, Pretty Woman

"Oh, Pretty Woman" is a song, released in 1964, which was a worldwide hit for Roy Orbison. Recorded on the Monument Records label in Nashville, Tennessee, Tennessee, it was written by Roy Orbison and Bill Dees....
" in a mocking rap version with altered lyrics. The Supreme Court viewed 2 Live Crew's version as a ridiculing commentary on the earlier work, and ruled that when the parody was itself the product rather than used for mere advertising, commercial sale did not bar the defense. The Campbell court also distinguished parodies from satire
Satire

Satire is often strictly defined as a literary genre; although, in practice, it is also found in the graphic arts and performing arts. In satire, human or individual vices, follies, abuses, or shortcomings are held up to censure by means of ridicule, derision, burlesque, irony, or other methods, ideally with the intent to bring about improv...
, which they described as a broader social critique not intrinsically tied to ridicule of a specific work, and so not deserving of the same use exceptions as parody because the satirist's ideas are capable of expression without the use of the other particular work.

A number of appellate decisions have recognized parody as a protected fair use, including both the Second
United States Court of Appeals for the Second Circuit

The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York, and Vermont, and the court has appellate jurisdiction over the United States district court in the following United States federal judicial district:...
 (Leibovitz v. Paramount Pictures Corp.
Leibovitz v. Paramount Pictures Corp.

Leibovitz v. Paramount Pictures Corp. is an influential 1998 United States Court of Appeals for the Second Circuit fair use case....
) and Ninth Circuits (Mattel v. Walking Mountain Productions). Most recently, Suntrust v. Houghton Mifflin
Suntrust v. Houghton Mifflin

Suntrust v. Houghton Mifflin Co., Case citation per curiam, opinion at 268 F.3d 1257, was a case decided by the United States Court of Appeals for the Eleventh Circuit against the owner of Margaret Mitchell's Gone with the Wind, vacating an injunction prohibiting the publisher of Alice Randall's The Wind Done Gone from dis...
, a suit was brought unsuccessfully against the publication of The Wind Done Gone
The Wind Done Gone

The Wind Done Gone is the first novel written by Alice Randall. It is a historical fiction parallel novel that reinterprets the famous United States novel Gone with the Wind by Margaret Mitchell....
, which reused many of the characters and situations from Gone with the Wind
Gone with the Wind

Gone with the Wind is a romantic drama and the only novel by Margaret Mitchell. The story follows Scarlett O'Hara, the daughter of a plantation owner in Georgia during and after the Civil War....
, but told the events from the point of view of the slaves rather than the slaveholders. The Eleventh Circuit
United States Court of Appeals for the Eleventh Circuit

The United States Court of Appeals for the Eleventh Circuit is a United States federal court with appellate jurisdiction over the United States district court in the following United States federal judicial district:...
, applying Campbell, recognized that The Wind Done Gone was a protected parody, and vacated the district court's injunction against its publication.

Fair use on the Internet

A US court case in 2003, Kelly v. Arriba Soft Corporation
Kelly v. Arriba Soft Corporation

Kelly v. Arriba Soft Corporation is a U.S. court case between a commercial photographer and a search engine company. During the case ownership of Arriba Soft changed to Sorceron, the operator of the Internet search engine Ditto.com....
,
provides and develops the relationship between thumbnail
Thumbnail

Thumbnails are reduced-size versions of pictures, used to help in recognizing and organizing them, serving the same role for images as a normal text index does for words....
s, inline linking
Inline linking

Inline linking is the use of a linked object, often an image, from one site into a web page belonging to a second site. The second site is said to have an inline link to the site where the object is located....
 and fair use. In the lower District Court case on a motion for summary judgment
Summary judgment

Summary judgment is a legal term which means that a court has made a determination without a full Trial . Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case....
, Arriba Soft was found to have violated copyright without a fair use defense in the use of thumbnail pictures and inline linking from Kelly's website in Arriba's image search engine
Web search engine

A Web search engine is a tool designed to search for information on the World Wide Web. The search results are usually presented in a list and are commonly called hits....
. That decision was appealed and contested by Internet rights activists such as the Electronic Frontier Foundation
Electronic Frontier Foundation

The Electronic Frontier Foundation is an international non-profit organization advocacy and legal organization based in the United States with the stated purpose of being dedicated to preserving the right to freedom of speech, such as protected by the First Amendment to the United States Constitution, in the context of today's digital age ....
, who argued that it is clearly covered under fair use.

On appeal, the 9th Circuit Court of Appeals found in favor of the defendant. In reaching its decision, the court utilized the above-mentioned four-factor analysis. First, it found the purpose of creating the thumbnail images as previews to be sufficiently transformative, noting that they were not meant to be viewed at high resolution like the original artwork was. Second, the fact that the photographs had already been published diminished the significance of their nature as creative works. Third, although normally making a "full" replication of a copyrighted work may appear to violate copyright, here it was found to be reasonable and necessary in light of the intended use. Lastly, the court found that the market for the original photographs would not be substantially diminished by the creation of the thumbnails. To the contrary, the thumbnail searches could increase exposure of the originals. In looking at all these factors as a whole, the court found that the thumbnails were fair use and remanded the case to the lower court for trial after issuing a revised opinion on July 7, 2003. The remaining issues were resolved with a default judgment
Default judgment

Default judgment is a binding judgment in favor of the plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law....
 after Arriba Soft had experienced significant financial problems and failed to reach a negotiated settlement.

In August 2008 U.S. District Judge Jeremy Fogel of San Jose, California
San Jose, California

San Jose or San Jos? is the List of cities in California city in California and the List of United States cities by population in the United States....
 ruled that copyright holders cannot order a deletion of an online file without determining whether that posting reflected "fair use" of the copyrighted material. The case involved Stephanie Lenz, a writer and editor from Gallitzin, Pennsylvania
Gallitzin, Pennsylvania

Gallitzin is a borough within Gallitzin Township, Pennsylvania in Cambria County, Pennsylvania, Pennsylvania, in the United States. Standing 12 miles northwest of Altoona, Pennsylvania, it was first incorporated in 1872, and named for Demetrius Augustine Gallitzin, who founded the Catholic town of Loretto, Pennsylvania, Cambria County, Penns...
, who made a home video of her 13-month-old son dancing to Prince's song Let's Go Crazy
Let's Go Crazy

"Let's Go Crazy" is a 1984 song by Prince and The Revolution . It was the opening track on both his album and the film Purple Rain . "Let's Go Crazy" is one of Prince's most popular songs, and is almost always a staple for concert performances, often segueing into other hits....
 and posted the 29-second video on YouTube
YouTube

YouTube is a Video hosting service website where users can upload, view and share video clips. Three former PayPal employees created YouTube in February 2005....
. Four months later, Universal Music, the owner of the copyright to the song, ordered YouTube to remove the video enforcing the Digital Millennium Copyright Act
Digital Millennium Copyright Act

The Digital Millennium Copyright Act is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization ....
. Lenz notified YouTube immediately that her video was within the scope of fair use, and demanded that it be restored. YouTube complied after six weeks, not two weeks as required by the Digital Millennium Copyright Act. Lenz then sued Universal Music in California for her legal costs, claiming the music company had acted in bad faith by ordering removal of a video that represented fair-use of the song. Warner Music Group
Warner Music Group

Warner Music Group is the third-largest of the big four music industry, the others being Sony Music Entertainment, EMI, and Universal Music Group....
 has followed suit, ignoring fair-use and deleting any video with music that they have rights over--no matter how big or small the audio clip is.

Common misunderstandings


Fair use is commonly misunderstood because of its deliberate ambiguity. Here are some of the more common misunderstandings with explanations of why they are wrong:
  • Any use that seems fair is fair use. In the law, the term "fair use" has a specific meaning that only partly overlaps the plain-English meaning of the words. While judges have much leeway in deciding how to apply fair use guidelines, not every use that is commonly considered "fair" counts as fair use under the law.
  • Fair use interpretations, once made, are static forever. Fair use is decided on a case by case basis, on the entirety of circumstances. The same act done by different means or for a different purpose can gain or lose fair use status. Even repeating an identical act at a different point in time can make a difference due to changing social, technological, or other surrounding circumstances.
  • If it's not fair use, it's copyright infringement. Fair use is only one of many limitations, exceptions, and defenses to copyright infringement. For instance, the Audio Home Recording Act
    Audio Home Recording Act

    The Audio Home Recording Act of 1992 amended the United States copyright law by adding Chapter 10, "Digital Audio Recording Devices and Media"....
     establishes that it is legal in some circumstances to make copies of audio recordings for non-commercial personal use.
  • It's copyrighted, so it can't be fair use. On the contrary, fair use applies only to copyrighted works, describing conditions under which copyrighted material may be used without permission. If a work is not copyrighted, fair use does not come into play, since public-domain works can legally be used for any purpose.
    • Note: In some countries (including the United States of America), the mere creation of a work establishes copyright over it, and there is no legal requirement to register or declare copyright ownership.
  • Acknowledgment of the source makes a use fair. Giving the name of the photographer or author may help, but it is not sufficient on its own. While plagiarism
    Plagiarism

    Plagiarism is the use or close imitation of the language and ideas of another author and representation of them as one's own original work.Within academia, plagiarism by students, professors, or researchers is considered academic dishonesty or academic fraud and offenders are subject to academic censure....
     and copyright violation are related matters—-both can, at times, involve failure to properly credit sources—-they are not identical. Copyright law protects exact expression, not ideas: for example, a distant paraphrase that lays out the same argument as a copyrighted essay is in little danger of being deemed a copyright violation, but it could still be plagiarism. On the other hand, one can plagiarize even a work that is not protected by copyright, such as trying to pass off a line from Shakespeare as one's own. Plagiarism—using someone's words, ideas, images, etc. without acknowledgment—is a matter of professional ethics. Copyright is a matter of law. Citing sources generally prevents accusations of plagiarism, but is not a sufficient defense against copyright violations (otherwise, anyone could legally reprint an entire copyrighted book just by citing who wrote it).
  • Noncommercial use is invariably fair. Not true, though a judge may take the profit motive or lack thereof into account. In L.A. Times v. Free Republic
    L.A. Times v. Free Republic

    L.A. Times v. Free Republic is a 1998 United States district court United States copyright law case. Several newspapers Lawsuit the Internet forum Free Republic for allowing its users to repost the full text of copyrighted newspaper articles, asserting that this constituted copyright infringement....
    , the court found that the noncommercial use of L.A. Times content by the Free Republic Web site was in fact not fair use, since it allowed the public to obtain material at no cost that they would otherwise pay for.
  • Strict adherence to fair use protects you from being sued. Fair use is a defense against an infringement suit; it does not restrain anyone from suing. The copyright holder may legitimately disagree that a given use is fair, and they have the right to have the matter decided by a court. Thus, fair use is not a deterrent to SLAPP.
  • The lack of a copyright notice means the work is public domain. Not usually true. United States law in effect since March 1, 1989 has made copyright the default for newly created works. For a recent work to be in the public domain the author must specifically opt-out of copyright. For works produced between January 1, 1923 and March 1, 1989, copyright notice is required; however, registration was not required and between January 1, 1978 and March 1, 1989 lack of notice is not necessarily determinative, if attempts were made immediately to correct the lack of notice. Any American works that did not have formal registration or notice fell into the Public Domain if registration was not made in a timely fashion. For international works, the situation is even more complex. International authors who failed to provide copyright notice or register with the U.S. copyright office are given additional contemporary remedies that may restore American copyright protection given certain conditions. International authors/corporations who fail to meet these remedies forfeit their copyright. An example of a company who failed to prove copyright was Roland Corporation
    Roland Corporation

    is a Japanese manufacturer of electronic musical instruments, electronic equipment and software. It was founded by Ikutaro Kakehashi in Osaka on April 18, 1972, with ?33 million in capital....
     and their claimed copyright on the sounds contained in their MT-32 synthesizer.
  • It's okay to quote up to 300 words. The 300-word limit is reported to be an unofficial agreement, now long obsolete, among permissions editors in the New York publishing houses: 'I'll let you copy 300 words from our books if you let us copy 300 words from yours.' It runs counter to the substantiality standard. As explained above, the substantiality of the copying is more important than the actual amount. For instance, copying a complete short poem is more substantial than copying a random paragraph of a novel; copying an 8.5×11-inch photo is more substantial than copying a square foot of an 8×10-foot painting. In 1985, the U.S. Supreme Court held that a news article's quotation of approximately 300 words from former President Gerald Ford's 200,000 word memoir was sufficient to constitute an infringement of the exclusive publication right in the work.
  • You can deny fair use by including a disclaimer. Fair use is a right granted to the public on all copyrighted work. Fair use rights take precedence over the author's interest. Thus the copyright holder cannot use a non-binding disclaimer, or notification, to revoke the right of fair use on works. However, binding agreements such as contracts or license agreements may take precedence over fair use rights.
  • If you're copying an entire work, it's not fair use. While copying an entire work may make it harder to justify the amount and substantiality test, it does not make it impossible that a use is fair use. For instance, in the Betamax case, it was ruled that copying a complete television show for time-shifting purposes is fair use.
  • If you're selling for profit, it's not fair use. While commercial copying for profit work may make it harder to qualify as fair use, it does not make it impossible. For instance, in the 2 Live Crew—Oh, Pretty Woman case
    Campbell v. Acuff-Rose Music, Inc.

    Campbell v. Acuff-Rose Music, Case citation was a Supreme Court of the United States copyright law case that stands for the proposition that a commercial parody can be fair use....
    , it was ruled that commercial parody can be fair use.


Influence internationally


The doctrine of fair use is no longer exclusive to the United States, with other jurisdictions having either implemented such a doctrine or considering its introduction.

While influential in some quarters, other countries often have drastically different fair use criteria to the US, and in some countries there is little or no fair use defense available. Even within Europe, rules vary greatly between countries. Some countries have the concept of fair dealing
Fair dealing

Fair dealing is a doctrine of limitations and exceptions to copyright which is found in many of the common law jurisdictions of the Commonwealth of Nations....
 instead of fair use
Fair use

Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review....
. However many countries have some reference to an exemption for educational use, although the extent of this exemption may vary wildly.

Fair use in Canada

CCH Canadian Ltd. v. Law Society of Upper Canada
CCH Canadian Ltd. v. Law Society of Upper Canada

CCH Canadian Limited v. Law Society of Upper Canada, [2004] 1 S.C.R. 339, is the landmark Supreme Court of Canada case that establishes the bounds of fair dealing in Canadian copyright law....
 [2004] 1 S.C.R. 339, is the landmark Supreme Court of Canada
Supreme Court of Canada

The Supreme Court of Canada is the supreme court of Canada and is the final court of appeal in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, and its decisions are stare decisis, binding upon all lower courts of...
 case that establishes the bounds of fair dealing
Fair dealing

Fair dealing is a doctrine of limitations and exceptions to copyright which is found in many of the common law jurisdictions of the Commonwealth of Nations....
 in Canadian copyright law
Canadian copyright law

Canadian copyright law is the area of law that defines copyright within Canada. As copyright is said to exist only in statute, most rights are derived from the Copyright Act of Canada....
. The Law Society of Upper Canada
Law Society of Upper Canada

The Law Society of Upper Canada is responsible for the self-regulation of lawyers in the Canada province of Ontario, Canada. Founded in 1797, it is known in French language as "Le Barreau du Haut-Canada"....
 was sued for copyright infringement
Copyright infringement

Copyright infringement is the unauthorized use of material that is covered by copyright law, in a manner that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works....
 for providing photocopy services to researchers. The Court unanimously held that the Law Society's practice fell within the bounds of fair dealing.

Fair use in Israel

In November 2007, Israel passed a new Copyright Law that included a US style fair use exception. The law, which took effect in May 2008, permits the fair use of copyrighted works for purposes such as private study, research, criticism, review, news reporting, quotation, or instruction or testing by an educational institution. The law sets up four factors, similar to those of section 107 under American law, to determine whether a use is fair use.

Fair use in South Korea

Korean Copyright Act article 1 rules that this law's two purpose:
  • To protect copyright.
  • To promote fair use.


See also

  • Berne three-step test
    Berne three-step test

    The Berne three-step test is a clause that is included in several international treaty on intellectual property. It imposes on signatories to the treaties constraints on the possible limitations and exceptions to copyright to exclusive rights under national copyright laws....
  • Defenses and Exceptions section of United States copyright law
    United States copyright law

    United States copyright law governs the legally enforceable rights of creative and artistic works under the laws of the United States.Copyright law in the United States is part of federal law, and is authorized by the United States Constitution....
  • Copyfraud
    Copyfraud

    Copyfraud is a term used to describe the misuse of false claims of copyright.Forms of copyfraud include:* Claiming copyright ownership of public domain material....
  • Fair dealing
    Fair dealing

    Fair dealing is a doctrine of limitations and exceptions to copyright which is found in many of the common law jurisdictions of the Commonwealth of Nations....
  • Fair use (US trademark law)
  • Glossary of legal terms in technology
  • Limitations and exceptions to copyright
    Limitations and exceptions to copyright

    The expression "limitations and exceptions to copyright" refers to situations in which the exclusive rights granted to authors, or their assignees under copyright law do not apply....
  • Electronic Frontier Foundation
    Electronic Frontier Foundation

    The Electronic Frontier Foundation is an international non-profit organization advocacy and legal organization based in the United States with the stated purpose of being dedicated to preserving the right to freedom of speech, such as protected by the First Amendment to the United States Constitution, in the context of today's digital age ....
  • Right to quote
    Right to quote

    Right to quote is a legal concept in continental Europe, which some people consider similar to fair use....


Further reading


External links and sources


Statute & case law resources

  • —from the US Copyright Office
  • —from IPWatchdog website


Economic Benefits of Fair Use



Resources to learn about fair use:

  • . American University
    American University

    American University is a Private university United Methodist Church-affiliated research university in Washington, D.C., United States, the main campus of which comes to a corner at the intersection of Nebraska and Massachusetts Avenues at Ward Circle, straddling the Spring Valley, Washington, D.C., Wesley Heights, and American University Par...
     Center for Social Media
    Center for Social Media

    The Center for Social Media in the American University School of Communication at American University examines strategies to use media as creative tools for public knowledge and action....
    . November 18, 2005.
  • by the NYU Brennan Center for Justice, Free Expression Policy Project
  • by Georgia Harper, The Copyright Crash Course, University of Texas at Austin Libraries
  • by Duke University's Center for the Study of the Public Domain
  • , with Copyright Essentials including a fair use checklist.
  • —from Stanford University Libraries
  • . Electronic Frontier Foundation
    Electronic Frontier Foundation

    The Electronic Frontier Foundation is an international non-profit organization advocacy and legal organization based in the United States with the stated purpose of being dedicated to preserving the right to freedom of speech, such as protected by the First Amendment to the United States Constitution, in the context of today's digital age ....
  • . Eric Faden, produced by Media Education Foundation
  • Indiana University-Purdue University Indianapolis
  • . Signal or Noise 2K5. Harvard University
  • . University of Texas Systems Dept.
  • Irene Starr. Starr.net
  • . James S. Huggins.
  • . Brennan Center for Justice
    Brennan Center for Justice

    The Brennan Center for Justice at New York University Law School is a progressive, non-partisan public policy and law institute that focuses on issues involving democracy and justice....
    .
  • - American University
    American University

    American University is a Private university United Methodist Church-affiliated research university in Washington, D.C., United States, the main campus of which comes to a corner at the intersection of Nebraska and Massachusetts Avenues at Ward Circle, straddling the Spring Valley, Washington, D.C., Wesley Heights, and American University Par...
     Center for Social Media
    Center for Social Media

    The Center for Social Media in the American University School of Communication at American University examines strategies to use media as creative tools for public knowledge and action....
    . July 7, 2008.


Significant meetings and conferences on fair use:

  • at Archive.org; see also