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[http://copyrightuser.org/topics/parody-and-pastiche/ '''Copyright Explanation''' from Copyrightuser.org] | |||
'''Extracted from Wikipedia page''' | '''Extracted from Wikipedia page''' | ||
http://en.wikipedia.org/wiki/Copyright | http://en.wikipedia.org/wiki/Copyright | ||
Fair use and fair dealing | Fair use and fair dealing | ||
| Line 7: | Line 11: | ||
In the United States, the fair use doctrine, codified by the Copyright Act of 1976 as 17 U.S.C. Section 107, permits some copying and distribution without permission of the copyright holder or payment to same. '''The statute does not clearly define fair use, but instead gives four non-exclusive factors to consider in a fair use analysis'''. Those factors are: | In the United States, the fair use doctrine, codified by the Copyright Act of 1976 as 17 U.S.C. Section 107, permits some copying and distribution without permission of the copyright holder or payment to same. '''The statute does not clearly define fair use, but instead gives four non-exclusive factors to consider in a fair use analysis'''. Those factors are: | ||
'''1. | ''' 1. the purpose and character of your use''' | ||
'''2. | ''' 2. the nature of the copyrighted work''' | ||
3.what amount and proportion of the whole work was taken, and | 3.what amount and proportion of the whole work was taken, and | ||
''' | ''' 3. the effect of the use upon the potential market for or value of the copyrighted work'''.[31] | ||
'''In the United Kingdom and many other Commonwealth countries, a similar notion of fair dealing was established''' by the courts or through legislation. The concept is sometimes not well defined; however in Canada, private copying for personal use has been expressly permitted by statute since 1999. In Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37, the Supreme Court of Canada concluded that '''limited copying for educational purposes could also be justified''' under the fair dealing exemption. In Australia, the fair dealing exceptions under the Copyright Act 1968 (Cth) are a limited set of circumstances under which copyrighted material can be legally copied or adapted without the copyright holder's consent. '''Fair dealing uses are research and study'''; review and critique; news reportage and the giving of professional advice (i.e. legal advice). Under current Australian law it is still a breach of copyright to copy, reproduce or adapt copyright material for personal or private use without permission from the copyright owner. | '''In the United Kingdom and many other Commonwealth countries, a similar notion of fair dealing was established''' by the courts or through legislation. The concept is sometimes not well defined; however in Canada, private copying for personal use has been expressly permitted by statute since 1999. In Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37, the Supreme Court of Canada concluded that '''limited copying for educational purposes could also be justified''' under the fair dealing exemption. In Australia, the fair dealing exceptions under the Copyright Act 1968 (Cth) are a limited set of circumstances under which copyrighted material can be legally copied or adapted without the copyright holder's consent. '''Fair dealing uses are research and study'''; review and critique; news reportage and the giving of professional advice (i.e. legal advice). Under current Australian law it is still a breach of copyright to copy, reproduce or adapt copyright material for personal or private use without permission from the copyright owner. | ||
'''Copyright term''' | '''Copyright term''' | ||
Copyright subsists for a variety of lengths in different jurisdictions. The length of the term can depend on several factors, including the type of work (e.g. musical composition, novel), whether the work has been published, and whether the work was created by an individual or a corporation. '''In most of the world, the default length of copyright is the life of the author plus either 50 or 70 years'''. In the United States, the term for most existing works is a fixed number of years after the date of creation or publication. Under most countries' laws (for example, the United States[40] and the United Kingdom[41]), copyrights expire at the end of the calendar year in question. | Copyright subsists for a variety of lengths in different jurisdictions. The length of the term can depend on several factors, including the type of work (e.g. musical composition, novel), whether the work has been published, and whether the work was created by an individual or a corporation. '''In most of the world, the default length of copyright is the life of the author plus either 50 or 70 years'''. In the United States, the term for most existing works is a fixed number of years after the date of creation or publication. Under most countries' laws (for example, the United States[40] and the United Kingdom[41]), copyrights expire at the end of the calendar year in question. | ||
Latest revision as of 14:55, 30 March 2015
Copyright Explanation from Copyrightuser.org
Extracted from Wikipedia page
http://en.wikipedia.org/wiki/Copyright
Fair use and fair dealing
Copyright does not prohibit all copying or replication.
In the United States, the fair use doctrine, codified by the Copyright Act of 1976 as 17 U.S.C. Section 107, permits some copying and distribution without permission of the copyright holder or payment to same. The statute does not clearly define fair use, but instead gives four non-exclusive factors to consider in a fair use analysis. Those factors are:
1. the purpose and character of your use
2. the nature of the copyrighted work
3.what amount and proportion of the whole work was taken, and
3. the effect of the use upon the potential market for or value of the copyrighted work.[31]
In the United Kingdom and many other Commonwealth countries, a similar notion of fair dealing was established by the courts or through legislation. The concept is sometimes not well defined; however in Canada, private copying for personal use has been expressly permitted by statute since 1999. In Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37, the Supreme Court of Canada concluded that limited copying for educational purposes could also be justified under the fair dealing exemption. In Australia, the fair dealing exceptions under the Copyright Act 1968 (Cth) are a limited set of circumstances under which copyrighted material can be legally copied or adapted without the copyright holder's consent. Fair dealing uses are research and study; review and critique; news reportage and the giving of professional advice (i.e. legal advice). Under current Australian law it is still a breach of copyright to copy, reproduce or adapt copyright material for personal or private use without permission from the copyright owner.
Copyright term
Copyright subsists for a variety of lengths in different jurisdictions. The length of the term can depend on several factors, including the type of work (e.g. musical composition, novel), whether the work has been published, and whether the work was created by an individual or a corporation. In most of the world, the default length of copyright is the life of the author plus either 50 or 70 years. In the United States, the term for most existing works is a fixed number of years after the date of creation or publication. Under most countries' laws (for example, the United States[40] and the United Kingdom[41]), copyrights expire at the end of the calendar year in question.